CAPT DINESH AHLUWALIA Vs. ROOPA AHLUWALIA

JUDGEMENT

(1.) The present Appeal under Sec. 39(2) of the Special Marriage Act, 1954 (hereinafter referred to as the "Act, 1954") read with Sec. 19(1) of the Family Courts Act, 1984 (hereinafter referred to as the "Act, 1984") has been filed on behalf of the appellant/husband assailing the Order dtd. 10/4/2018 vide which the Application under Order IX Rule 13 read with Sec. 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as the "CPC, 1908") filed on behalf of the respondent/wife has been allowed and the ex parte Judgment dtd. 24/3/2005 granting divorce in favour of the appellant/husband, has been set aside.

(2.) The facts, briefly stated are that the appellant/husband, a Pilot and the respondent/wife, Air Hostess with Air India, got married on 28/2/1992 at Calcutta under the Act, 1954. From their wedlock, one son and one girl were born on 28/9/1993 and 12/9/1995 respectively.

(3.) In November, 2003, the Appellant filed a Petition for Divorce under Sec. 27(1)(d) of the Act, 1954 before the Additional District Judge, New Delhi in which Notice dtd. 24/11/2003 was issued to the respondent/wife for 8/1/2004. The Trial Court noted on 8/1/2004, that no Notice could not be issued to the respondent/wife due to non-filing of the requisite process fee. The learned Judge then directed a fresh Notice to be issued to the respondent which was returnable for 26/2/2004.