SHILPA PRASHANTH Vs. PRASHANTH B. LALSANGI

JUDGEMENT

(1.) THIS is a wife's appeal against the order dated 24th February 2014 passed in Misc. 38/2012 by the VI Additional Principal Judge, Family Court at Bangalore, in dismissing the application filed under Order IX Rule 13 read with Section 151 of the Code of Civil Procedure.

(2.) BRIEFLY stated, the parties herein are legally wedded couple having married as per the Hindu customs. On a petition filed by the husband in M.C. No. 1621/2011, an ex parte decree of divorce was granted in his favour on 11.1.2012. The wife filed a Miscellaneous Petition under Order IX Rule 13 read with Section 151 of the Code of Civil Procedure, seeking to set aside the ex parte decree passed in M.C. No. 1621/2011.

(3.) SMT . Kavitha H.C., learned Counsel appearing for the appellant submits, in the original case M.C. No. 1621/2011, wife was not served with court notice. As verified from the court records, the RPAD cover had returned with endorsement "door closed" on 9.8.2011, thereafter, though fresh notice was ordered by way of RPAD, without verifying whether or not the wife was served, the court below held that the service is sufficient; placed her ex parte and proceeded with the case. The Court though noticed that the wife has not signed the acknowledgement, but signed by some other person, declined to set aside the ex parte Decree. She is a resident of Dharwad. The decree obtained by the husband behind her back is nullity and same is liable to be set aside by allowing the impugned order passed on her application filed under Order IX Rule 13 of CPC and also the decree passed in M.C. No. 1621/2011 dated 11.1.2012.