SEEMA DEVI Vs. SUSHIL KUMAR

JUDGEMENT

(1.) THIS Revision is directed against an order dated 13 -12 -1989 of the learned Additional District Judge, Delhi by which she dismissed the application under Order 9 Rule 7 of the Code of Civil Procedure for setting aside the ex -parte proceedings against the petitioner.

(2.) THE facts are that the respondent -husband moved a petition for divorce against the petitioner under Section 13 of the Hindu Marriage Act (Act for short). The wife also moved an application under Section 24 of the Act for maintenance pendente life. However neither the petitioner nor her counsel appeared on 1 -5 -1987. thereforee the application under Section 24 was dismissed in default and the petitioner was proceeded ex -parte. The ex -parte evidence was recorded on 14 -7 -1988 and it was ordered to be listed for judgment on 4 -8 -1988.

(3.) NOTICE to show cause was issued to the respondent husband and further proceedings were stayed before the Trial Court vide order dated 8 -1 -1990.