VANDANA GYANDHAR Vs. PAWAN KUMAR

JUDGEMENT

(1.) CHALLENGE in the present appeal is laid to the judgment dated 30.11.1999 passed in a suit instituted by the appellant (plaintiff in the court below) against the respondents for declaration and mandatory injunction. The aforesaid suit of the appellant was dismissed by the trial court on the ground that the same had been filed by concealing material facts. Before adverting to the pleas raised on behalf of both the parties, it would be appropriate to state in brief the facts of the case.

(2.) THE appellant married respondent No.1 on 9.2.1992 in New Delhi and both the parties stayed in Delhi till 12.8.1992, thereafter they left for U.S.A. to pursue higher studies. It is an admitted position that on 29.6.1995, a decree of dissolution of marriage of the appellant and the respondent No.1 was granted by the Circuit Court of State of Oregon, United States of America. The appellant made an averment to the said effect in the plaint and stated that she did not join the proceedings and an ex parte decree was obtained by the respondentNo.1.

(3.) SUMMONS to the respondents were issued in the suit on2.2.1999, returnable on 23.4.1999. On 23.4.1999, a statement was made on behalf of the respondents that the appellant and the respondent No.1 had got their marriage dissolved in U.S.A. After considering the submissions made on behalf of the respondents, the learned ADJ adjourned the matter to 13.9.1999 so as to see, whether the appellant, who was also residing in USA, while seeking divorce in the court in USA, had settled the issue of stridhan, dowry articles and maintenance, etc. and directed for the personal appearance of the appellant to record her statement under the provisions of Order 10 CPC. On 13.9.1999, the Trial Court noted as below :