RAKESH VATS Vs. SHARDA VATS

JUDGEMENT

(1.) THE present appeal under section 28 of the Hindu Marriage Act, 1955 (for short as the "act") read with Order XLI Rule 1 of Code of Civil Procedure, 1908 has been filed by appellant against the ex parte judgment dated 23/5/2005 passed by Sh. K. S. Pal, Additional District Judge, Delhi.

(2.) BRIEF facts which are necessary to dispose of this appeal are recapitulated. The marriage between the appellant and the respondent was solemnized on 26. 04. 86 at New Delhi as per Hindu rites and ceremonies. After the marriage, the appellant went to U. S. A. in the year 1987 as per settlement between the parties but he could not settle there because of harassment and torture by the respondent and her family members and as such he come back to India in the year 1990 and thereafter the appellant in order to maintain his matrimonial obligations kept on going to U. S. A. in the year 1990, 1994 and 1999 but could not settle there because he was treated so badly by the respondent and his family members that the appellant was compelled to return to India every time, without respondent accompanying him. It is further stated that out of this wedlock, a male child named Sohit was born on 17. 11. 99 and after the birth of this child, the respondent became more violent towards him and finally he came back to India in 2000 and since then he has been living in India and the respondent has refused to join his company by coming to India despite his sincere efforts and requests made by him.

(3.) IN view of all the circumstances, the appellant filed a divorce petition under section 13 of the Act. Summons was issued to Respondent for appearance but respondent never appeared and accordingly, she was proceeded ex parte.