JYOTSNA KANOONGO Vs. SHAILENDRA KANOONGO

JUDGEMENT

(1.) Leave granted.

(2.) Having heard the learned counsel appearing for the parties, it would emerge from the records that marriage between the parties was solemnized on 15/2/2002 and out of wedlock a son was born. On account of some matrimonial discord the respondent-husband claims to have issued a notice on 15/7/2009 calling upon the petitioner-wife herein to dissolve their marriage by mutual consent. Though petitioner exhibited her intend to resolve the issues that have cropped up between the parties, respondent is said to have filed a petition for divorce R.C.S. No.12-A/09 under Sec. 13 of Hindu Marriage Act, 1955 at Khandwa, Madhya Pradesh without her knowledge.

(3.) The trial court having ordered issuance of summons, both by ordinary summons and also by registered post, on 9/9/2009, on receipt of the unserved postal cover, placed the petition ex-parte on 18/11/2009 and proceeded to consider the evidence tendered by the respondent husband. By judgment dtd. 30/11/2009 decreed the suit and granted a decree of divorce ex-parte.