MANJULA Vs. BASAPPA

JUDGEMENT

(1.) This appeal is filed by the petitioner in Misc.No.13/2016 on the file of the Principal Senior Civil Judge and C.J.M., Bagalkot, aggrieved by the order dtd. 18/4/2017 passed therein by which the petition was dismissed.

(2.) The appellant claims that she is the wife of the respondent. The respondent filed a matrimonial case under Sec. 13(1)(ia) of the Hindu Marriage Act, 1956 for dissolution of the marriage in M.C.No.73/2013. The appellant also filed a Criminal Misc.No.61/2013 before the Judicial Magistrate First Class, Badami. The appellant though appeared in the case filed by the respondent, could not file her objections and could not cross-examine the respondent and lead her evidence. The trial Court allowed the petition dissolving the marriage. Being aggrieved by the same, the appellant filed MFA No.103056/2015 before this Court which was withdrawn and liberty was reserved to the appellant to challenge the ex-parte decree of dissolution. Hence, she filed a petition under Order IX Rule 13 of C.P.C. for setting aside the ex-parte decree in Misc.No.13/2016. The appellant contended that the respondent had neglected to maintain her and that she had no source of income to defend the petition filed for dissolution and therefore, she could not resist the petition.

(3.) Learned counsel for the respondent on the other hand, submitted that despite service of notice and even after engaging a counsel, she failed to file her objections and cross- examine the respondent and therefore, the Court had no other option than to decree the petition for dissolution.