REKHA RAWAT Vs. YASPAL SINGH RAWAT

JUDGEMENT

(1.) The appellant/wife has challenged the ex-parte judgment dated 26.05.2011, whereby her marriage with the respondent was dissolved on a petition filed by her husband under Section 13(1) (ia) of Hindu Marriage Act, 1955 (hereinafter referred to as " The HMA"). The appellant has also challenged the order dated 17.07.2015 whereby an application moved by her under Order IX Rule 13 (read with Section 151) of the Civil Procedure Code (CPC) for setting aside the ex-parte judgment dated 26.05.2011, was dismissed by the Family Court.

(2.) During the course of arguments, learned counsel for the appellant had stated that he did not wish to press the appeal against the order dated 17.07.2015 passed by the learned Family Court dismissing the application filed by the appellant under Order IX Rule 13 CPC and wished to confine the relief in the present appeal to the findings returned in the ex-parte judgment dated 26.05.2011, allowing the petition filed by the respondent/husband for seeking divorce from the appellant on the grounds of cruelty.

(3.) The impugned order dated 26.05.2011 has been challenged by the appellant on the ground that there was no specific allegation of cruelty levelled against her and all the allegations in the petition were of a general nature, and therefore, the Family Court has erred in passing the impugned judgment in favour of the respondent.