LATA KUMARI Vs. OM PRAKASH MANDAL

JUDGEMENT

(1.) The present Appeal under Sec. 19 of the Family Courts Act, 1984 has been filed by the appellant Lata Kumari against the Judgment dtd. 28/1/2019 vide which the Divorce Petition under Sec. 13(1)(i-a) of the Hindu Marriage Act, 1955 on the ground of 'cruelty' filed by the respondent/husband, has been allowed.

(2.) Facts in brief, are that the marriage between the parties was solemnized on 10/3/2009 at Dumka, Jharkhand as per Hindu Rites and Ceremonies. One daughter Ashima Mandal was born on 26/12/2010 from the said wedlock. The respondent herein (petitioner/husband in the Divorce Petition) claimed that he was subjected to various acts of 'cruelty' which were as under:-

(3.) The appellant was proceeded ex-parte before the learned Judge, Family Courts on 13/3/2018. Thereafter, she entered appearance with her counsel namely Sh. Kumar Shivam, Advocate. The parties were referred to counselling but it did not yield any result. The appellant thereafter moved an application under Order IX Rule 7 of the Code of Civil Procedure, 1908 for setting aside the ex-parte proceedings but the same was dismissed vide Order dtd. 16/1/2019, by observing that the sole ground given in the application was that she had been misguided by a lawyer at Dumka which was not accepted as any cogent explanation in view of the fact that the summons were duly served upon the father Sh. Umesh Pd. Sah of the appellant. The appellant had even put her appearance in the Court thereafter.