JAG PERVESH SINGH Vs. MANJEET KAUR

JUDGEMENT

(1.) Present appeal has been preferred by the appellant under Sec. 19 of the Family Court Act, 1955 against the impugned Ex -parte Judgment/Decree dated 16.07.2013 passed by the Family Court in HMA Case No. 788/2010 thereby dismissing the petition of the appellant.

(2.) The facts in brief leading to the present appeal are that the marriage between the appellant and the respondent was solemnised on 16.05.2004 as per Hindu (Sikh) rites and ceremonies at Haryana. No issue was born out of the said wedlock. After marriage, respondent joined her matrimonial home at Rampura, Delhi. As per the appellant, due to their temperamental differences and consequent estrangement, they started living separately in a rented accommodation at Jail Road, New Delhi with effect from 21.04.2007 and stayed there for about three years. As per appellant, due to the quarrelsome and rude behaviour of the respondent, they had to shift to a new rented accommodation at Dwarka, New Delhi on 26.01.2010. On 02.02.2010, when respondent started bullying the appellant and turned him out of the rented accommodation, he lodged a complaint vide DD No. 72B dated 02.02.2010 and took refugee in his parental home at Rampura, Delhi. On interventions of the elders of the family to reconcile the affairs, a separate rented accommodation was arranged at Lajwanti Garden, Delhi but all in vain. Thereafter, appellant preferred a petition under Sec. 13 (1) (i -a) of the Hindu Marriage Act on the ground of cruelty and same was registered as HMA Case No. 37/2010. Since, appellant failed to trace the fresh address of the respondent, he sought withdrawal of the petition and vide order dated 10.05.2010, the first petition was dismissed as withdrawn. Soon after the withdrawal of the petition, the respondent joined the company of the appellant for a couple of days at her matrimonial home i.e. Rampura, Delhi and told him about her future plans for leading an independent and free life of her own and also that she is residing at the same tenanted premises at Dwarka, Delhi.

(3.) Thereafter, appellant filed another petition under Sec. 13 (i -a) of the Hindu Marriage Act being HMA Case No. 788/2010 on the same grounds asserting the allegations in para 21 and 22. Notice was issued to the respondent but she could not be served and as per the service report "She has shifted her residence". Thereafter, respondent was duly served upon by way of affixation and publication in the newspaper 'Rashtriya Sahara' dated 12.02.2012, but she failed to put her appearance before the Court and was proceeded ex -parte vide order dated 26.03.2012. Ex -parte evidence was recorded. The Family Court vide its order dated 16.07.2013, dismissed the petition on the ground that "no further discussion on the merits of the case is merited, since the petition itself is not maintainable, in view of the earlier petition bearing HMA No. 37/10, having been withdrawn, the said petition being on the same cause of action and on the same allegations on the respondent."