MANINDER SINGH Vs. NEELAM

JUDGEMENT

(1.) THE challenge in this appeal is to an order dated 11.2.2004 passed by the Additional District Judge, Delhi dismissing the Misc. Case No. 35 of 2002 in HMA No. 427 of 2000 declining to set aside the ex parte decree dated 12.10.2001 granting divorce to the respondent on the ground of cruelty under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955 ('Act').

(2.) THE brief facts are that the appellant filed a petition under Section 9 of the Act against the respondent for restitution of conjugal rights. In that very petition, a counter-claim was filed by the respondent seeking divorce from the appellant on the ground of cruelty under Sections 13 (1)(ia) and 13(1)(ib) of the Act read with Section 23A thereof. When the Section 9 petition was listed on 12.4.2001, the appellant did not appear and accordingly, it was dismissed in default.

(3.) THEREAFTER on 12.10.2001 by ex parte judgment, divorce was granted to the respondent and an ex parte decree was drawn on that basis.