RAHUL DUBEY Vs. VIBHA DUBEY

JUDGEMENT

(1.) These Petitions Are Directed Against The Order Of The Delhi High Court Whereby Two Miscellaneous Petitions Filed By The Petitioner Questioning The Orders Dated 4-11-2009 And 12-3-2010 Passed By The Additional District Judge, Delhi (For Short "The Trial Court" ) Setting Aside The Ex Parte Judgment And Decree Dated 8-12-2005 And Granting Opportunity To The Respondent To Cross-Examine The Three Witnesses Examined By The Petitioner By Recalling The Order Dated 6-4-2005 Were Dismissed.

(2.) The Parties Were Married On 18-4-2000. After About Three Years, The Petitioner Filed A Petition Under Section 13(1)(I-A) Of The Hindu Marriage Act, 1955 In The Court Of The Civil Judge, Senior Division, Ghaziabad For Dissolution Of Marriage By Grant Of A Decree Of Divorce. The Respondent Filed A Written Statement Sometime In April 2004. The Issues Were Framed On 19-7-2004. In 2005, The Respondent Filed A Petition In The Allahabad High Court For Transfer Of The Case From Ghaziabad To Varanasi. The High Court Rejected Her Prayer But The Special Leave Petition Filed By The Respondent, Which Was Converted Into Civil Appeal No. 2579 Of 2005 Was Allowed By This Court On 11-4-2005 And The Divorce Petition Was Transferred From The Court Of The Civil Judge, Senior Division, Ghaziabad To The Matrimonial Court, New Delhi. While Doing So, This Court Made It Clear That The Petition Shall Be Proceeded With From The Stage At Which It Was Before The Earlier Court.

(3.) In Compliance With The Direction Given By This Court, The District Judge, Ghaziabad Transmitted The Record Of The Divorce Petition To The District Judge, Delhi, Who Entrusted The Case To The Additional District Judge, Delhi. On 10-5-2005, The Trial Court Noted That No One Had Appeared On Behalf Of The Respondent And Directed Issue Of Notice Returnable On 1-6-2005. However, The Registry Of That Court Did Not Comply With The Order Dated 10-5-2005 And Did Not Issue Notice. Notwithstanding This, The Trial Court Granted A Decree Of Divorce By Ex Parte Judgment Dated 8-12-2005.