BEFORE THE PRINCIPAL FAMILY COURT AT BANGALORE.

Mis.NO………/23

IN

M.C.4010/2019

Between

G. Senthil Kumar,
S/o ganeshan,
aged 35 years,
Do. 43 D/1 south street,
Emapper colony Kallakurachi
Tamilnadu 606202

Was also residing at

No.59,V block swagath colony,
Tilaknagar, jayanagar
Bangalore-41 Petitioner

And

M.Nithya
Aged 30 years,
No 5 ground floor,
1st cross left Rama temple down
Annasandrapalya HAL Post
Bangalore=560017. Respondent

PETITION UNDER ORDER 9 RULE 4 AND 9 R/W SECTION 151OF THE

CODE OF CIVIL PROCEDURE

The Plaintiff above named submits as follows:

1. The address of the plaintiff for the purposes of service of summons, notices
etc., in the above proceedings is as stated in the cause title above and also
that of her Counsel T.S.Rajarajeshwari advocate 10/1,2 nd main road , 9th
cross Chamarajpet ,Bangalore-18
2. The address of the defendant for the purposes of service of summons,
notices etc., in the above proceeding is as stated in the cause title above.

3. It is submitted that the Petitioner had filed the case for dissolution of
marriage against the respondent on 22/7/2019 which was registered as M.C.
4010/2019 .

4. It is submitted that :
on 13/4/22 the said matter was posted for petitioner evidence.
On 28/6/2022 the very next date of hearing filed affidavit evidence and
examined in chief as pw1 and got EX P1 to P3 marked
On 13/3/23 petitioner got marked exP4 to Ex P 14
On 4/7/2023 further chief of petitioner was taken as nil and the matter was
posted for cross of the Petitioner.
21.8.2023 the petition is dismissed for non-prosecution.

5. It is submitted that on 21.8.2023 the petitioner was not keeping well. The
junior of advocate on record had requested one of his friend advocate to
appear and take time since he had to attend a matter in city court MIS
138/2020 before CCH 45. later he called his friend advocate, who mistook
the case is adjourned and mentioned the same. As soon he came to family
court, he rushed to assist the senior in in-camera proceeding in II additional
family court. Later it was learnt that the Hon`ble court was pleased to
dismiss m.c.4010/2019 on 21/8/2023 for non -prosecution. The impugned
order is here in marked as Annexure-A.
6. The Petitioner submit that his absence before the court on 21/8/2023 was
due to his ill health and absence of advocate was beyond control and
unavoidable circumstances. Hence this petition.
7. The Petitioner submit that the reasons stated above is bonafide one and not
made out with malafide intention.

8. It is submitted that the absence of the petitioner and her advocate is neither
willful, wanton nor negligent . It is purely because of unavoidable
circumstances. It Is therefore necessary to set aside the order of dismissal
 dated 21/8/2023 and restore the suit to file and dispose of the same on
merits.

9. The Petitioner submit that if this application is allowed no hardship will be

caused to other side on contrary if her application is dismissed she or he will
be put to great hardship.

WHERFORE, I Pray that this Hon`ble court be pleased to set aside order dated
21/8/2023 by restoring the suit to file and dispose of the same on merits. and pass
other order in the in interest of justice and equity

VERIFICATION

I, G. Senthil Kumar, the Petitioner above named do solemnly affirm and state
that what is stated above is true and correct to the best of my knowledge belief and
information

Bangalore DEPONENTS

Date

BEFORE THE PRINCIPAL FAMILY COURT AT BANGALORE.

Mis.NO………/23
 IN
M.C.4010/2019
Between
G. Senthil Kumar, Petitioner

And
M.Nithya Respondent

VERIFICATION AFFIDAVIT

I, G. Senthil Kumar, S/o ganeshan, aged 35 years,Do. 43 D/1 south street, Emapper
colony Kallakurachi, Tamilnadu 606202.Was also residing at No.59,V block
swagath colony,Tilaknagar, jayanagar Bangalore-41 do hereby solemnly affirm
and state on oath as follows:
1 I state that I am the Petitioner in the above case. I well conversant with the
facts of the case. Hence I swearing to this affidavit:

2 I state that the statements made in paragraphs of the petition accompanying this
affidavit are true to my knowledge and the statements made in paragraphs thereof
are based on information and I believe them to be true.

3 I state that the documents produced in the list of documents are true copies
of the originals.

VERIFICATION

I G. Senthil Kumar, do hereby solemnly state on oath as what that is stated

above are true to the best of my knowledge, information and belief.

Identified by me.

Deponent

Advocate

Bangalore

Date

BEFORE THE PRINCIPAL FAMILY COURT AT BANGALORE.

 Mis.NO………/23
IN
M.C.4010/2019
Between

G. Senthil Kumar, Petitioner

And

M.Nithya Respondent

APPLICATION UNDER SECTION 13 OF FAMILY COURTS ACT

r/w SECTION 151 OF CPC

That for the reasons stated in the accompanying Affidavit,

Petitioner herein respectfully pray that his Hon’ble Court be pleased
to allow to take assistance of the Advocate in the interest of justice
and equity.

Bangalore
Date: Advocate for the petitioner.
 BEFORE THE PRINCIPAL FAMILY COURT AT BANGALORE.
Mis.NO………/23
IN
M.C.4010/2019
Between

G. Senthil Kumar, Petitioner

And

M.Nithya Respondent
AFFIDAVIT

I, G. Senthil Kumar, S/o ganeshan, aged 35 years,Do. 43 D/1 south street, Emapper
colony Kallakurachi, Tamilnadu 606202.Was also residing at No.59,V block
swagath colony,Tilaknagar, jayanagar Bangalore-41 do hereby solemnly affirm
and state on oath as follows:

1. I state that I am the Petitioner in the above case. I well conversant with the
facts of the case. Hence I swearing to this affidavit:

2. I state that I have filed this case praying this Hon`ble court for
restoration of M.C.4010/2019.. I do not have the legal
knowledge and it is very much necessary to take the
assistance for the Advocate. Hence this application.

WHEREFORE, I respectfully pray that this Hon’ble Court be pleased

to allow my Application in the interest of justice and equity.

VERIFICATION

I G. Senthil Kumar , do hereby solemnly state on oath as what that

is stated above are true to the best of my knowledge, information
and belief.

Identified by me.

Advocate
Bangalore
Date Deponent
 BEFORE THE PRINCIPAL FAMILY COURT AT BANGALORE.
Mis.NO………/23
IN
M.C.4010/2019
Between

G. Senthil Kumar, Petitioner

And

M.Nithya Respondent

INDEX

Sl.No. Description Page no.

1. Petition Under Order 9 Rule 4 And

9 R/W Section 151of The Code Of
Civil Procedure

2. Verification affidavit

3 List of documents along with

documents

4. Application under section 13 of

family courts act r/w section
151 of cpc

5. Vakalath

6. Process memo

7. Respondent copy along with

RPAD

Bangalore

Date Advocate for Petitioner

 BEFORE THE PRINCIPAL FAMILY COURT AT BANGALORE.
Mis.NO………/23
IN
M.C.4010/2019
Between

G. Senthil Kumar, Petitioner

And

M.Nithya Respondent

APPLICATION UNDER ORDER 6 RULE 14 OF CIVIL PROCEDURE

CODE,1908

The address of the plaintiff and the defendant for the service of summons, notice
etc. From this Hon’ble court is as stated in the cause title is true and correct.

Petitioner

Bangalore
Date: Advocate for the petitioner