RENU KAMALESH RAVAL Vs. KAMALESH MAGANLAL RAVAL

JUDGEMENT

(1.) The respondent-wife in M.C. No.268/2016 on the file of the Principal Judge, Family Court, Hubballi, has come up in this appeal impugning the judgment and decree dated 07.08.2017.

(2.) Admittedly, the petition in M.C. No.268/2016 was filed by the respondent herein, who is the husband of the appellant Smt. Renu. The appellant would state that their marriage had taken place on 11.05.2011 and thereafter in the wedlock, the parties have a male son by name Kushal. According to the appellant herein, the respondent/husband threw her out of the matrimonial house on 01.07.2015. Since the appellant's parental house is in Shironi of Rajasthan State, she went there, and there she has filed a petition in F.C. No.53/2018 under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights with her husband.

(3.) It is after filing of the said petition, she came to know that her husband had secured decree of divorce in M.C. No.268 of 2016 on the file of the Principal Judge, Family Court, Hubballi. Thereafter, she secured certified copy of the judgment in the said proceedings and came to know that the respondent herein i.e., the husband of the appellant, had filed the matrimonial case by giving wrong address where the place 'Sirohi', where the appellant is residing, is wrongly shown as 'Shironi' and subsequently got the notice endorsed as 'refused' and got the matrimonial case filed by him disposed off on merits in securing a decree of divorce ex parte. The said ex parte judgment and decree is in challenge in the present appeal.