1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Writ Petition No.647 of 2008 Sou. Ganga Gautam Gudade Petitioner Vs. Shri Gautam Datta Gudade Respondent Mr.S.D.Dharmadhikari for petitioner. Mr.Vishwanath Talkute for respondent. CORAM: B.H.MARLAPALLE, J. April 16, 2008 P.C. 1. Heard Mr.Dharmadhikari, the learned counsel for the petitioner - wife and Mr.Talkute, the learned counsel for the respondent - husband. 2. Rule. 3. Petition is taken up for final hearing forthwith. 4. This petition arises from the order dated 28/11/2007 passed by the learned Principal District Judge at Raigad-Alibaug thereby rejecting the application for condonation of delay which was registered as Misc. Civil Application No.96 of 2006. 2 5. The parties were married on 22/5/1997 and H.M.Petition No.45 of 2005 was filed by the husband for dissolution of marriage. The same was allowed ex-parte by the learned Civil Judge Senior Division at Alibaug on 24/2/2006. The said decree of divorce was sought to be challenged in an appeal by the present petitioner - wife but the appeal was filed belatedly on or about 29/7/2006. Hence Misc. Application No.96 of 2006 was filed for condonation of delay. It was pointed out by the petitioner - wife that though the ex-parte decree was passed on 24/2/2006, she came to know of it for the first time on 15/7/2006 when she appeared in her petition No.155 of 2005 filed under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights and, therefore, she immediately applied for a certified true copy of the ex-parte decree and filed the appeal on 29/7/2006. In normal course the appeal was required to be filed within a period of thirty days i.e. by 23/3/2006. Thus there was a delay of about four months in filing the appeal. Mr.Talkute, the learned counsel for the respondent - husband pointed out that after the impugned order was passed on 28/11/2006, he got married on 19/2/2008. He also pointed out that Petition No.155 of 2005 was filed by 3 the wife on 13/9/2005 under Section 9 of the Hindu Marriage Act and another complaint was filed under Section 498-A of IPC on 30/12/2005. He, therefore, submitted that the wife was aware of the divorce petition pending before the learned Civil Judge, Senior Division at Alibaug and she remained absent or did not take steps to apply for the certified true copy in time and she was negligent. 6. There is no dispute that the petitioner - wife has been residing at village Pimpal Doli, Taluka Patur, Dist. Akola which is at least 600 Kms. away from Alibaug. Even though the decree was passed ex-parte on 24/2/2006, the Court passing the decree did not take any steps to forward a copy of the same to the wife. Nor did the husband take any steps to inform the wife that the decree of divorce was passed ex-parte on 24/2/2006 and the marriage was annulled. On 20/4/2006 Petition No.155 of 2005 was on board and on the next date i.e. on 5/7/2006 it appears that the wife came to know about the ex-parte decree. The explanation thus furnished by the wife ought to have been accepted by the lower Appellate Court. The approach of the lower Appellate Court in rejecting the application for condonation of delay is 4 hypertechnical and has resulted in miscarriage of justice. This was a fit case to condone the delay caused in filing the appeal. 7. Hence this petition succeeds and the same is hereby allowed. The impugned order dated 28/11/2007 is hereby quashed and set aside and Misc. Civil Application No.96 of 2006 stands allowed. The appeal filed by the petitioner - wife be registered by the District Court forthwith and it shall be heard and decided on its own merits as expeditiously as possible but not later than 31st August 2008. 8. Rule is made absolute accordingly with no order as to costs. 9. Before parting with the petition, I deem it appropriate to direct the Registrar General of this Court to issue a circular to all the Family Courts and the District Courts as well as the Courts subordinate to the District Courts to the effect that the decrees of dissolution of marriage, whether passed ex-parte or otherwise, shall be forwarded forthwith by registered post A.D. to the respective spouses at their permanent address available on 5 record, in case he/she is not represented in the divorce proceedings through a lawyer. (B.H.MARL