RAM KISHAN SINGH Vs. SAVITRI DEVI

JUDGEMENT

(1.) this appeal under section 28 of the Hindu Marriage Act (hereinafter called 'the Act') the appellant. Ram Kishan Singh, has challenged the judgment and decree passed by Shri R. D. Aggarwal, Additional District Judge, Delhi, on 4th May, 1981, whereby he granted the application, of the respondent, Savitri Devi, for permanent alimony under section 25 of the Act.

(2.) The facts leading to the filing of the petition by the wife under section 25 of the Act briefly are that a petition for divorce under section 13 of the Act was filed by the husband against the wife on 20th August 1977, on the ground that wife had deserted him for a continuous period of not less than two years. A decree in his favour under section 13(1)(ib) of the Act was granted on 9th May, 1979.

(3.) It is relevant to note that Smt. Savitri Devi had filed written statement contesting the petition under section 13 of the Act but later on absented herself and as such was proceeded ex parte. Another admitted fact is that a child was born to Smt. Savitri Devi during the pendency of the petition on 15th December, 1977. An application for setting aside the ex parte decree granted in favour of the husband was moved on 8th August, 1979. This application was dismissed on 11th October. 1979. Another application under Order 9 Rule 13 of the Code of Civil Procedure was made by the wife seeking restoration of the earlier application. That application was also dismissed for non-prosecution. The result was that the decree of divorce granted in favour of the husband-appellant herein became final.