THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. NO. 5423 of 2009 Date of order: 30.11.2010 Between: Mrs. Kadiyala Venkata Vijaya Lakshmi …Petitioner and Mr. Kdiyala Raja Sridhar ..Respondent THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. NO. 5423 of 2009 ORDER: An application filed by the petitioner-wife seeking condonation of delay of 96 days in filing an application to set aside an exparte decree of divorce dated 9.3.2009 was dismissed by the Family Court, Visakhapatnam under the impugned order. Aggrieved thereby, this revision petition is preferred. Heard both the learned counsel. The petitioner states in her affidavit filed along with the application that she had changed her residence and as such did not receive the notice in the OP and she was not aware of the exparte decree passed in the OP. She states that she came to know of the decree when she along with her mother went to Tanuku for negotiations with the husband’s family and immediately thereafter she filed the present application on 13.7.2009 seeking condonation of delay in filing an application to set aside the exparte decree. The petitioner also filed documents in support of her averments that she changed her earlier house and residing elsewhere. The Family Court, however, disbelieved the averments of the petitioner on the basis of the counter filed by the respondent. However, I am unable to accept the view of the Family Court in view of the fact that notice of the OP admittedly was not served on the petitioner at the address where she was residing. It cannot, therefore, be said that the decree passed by the Family Court is within her knowledge. Since the OP is of the year 2009 and she filed the present application immediately after coming to know of the passing of the said exparte decree, the Family Court ought to have allowed the said application. In the circumstances, the revision petition is allowed, the order in IA No. 260 of 2009 is set aside and the Family Court shall give opportunity to the petitioner to file her counter, hear and decide the OP No. 48 of 2009 on merits in accordance with law, as expeditiously as possible. No costs. _________________________ VILAS V. AFZULPURKAR, J Dt. 30.11.2010 KR