RITU Vs. SANDEEP KUMAR PRASHAR

JUDGEMENT

(1.) The appellant/respondent is aggrieved by the order dated 23.01.2017, passed by the Family Court, Central District, Delhi dismissing her application under Order 9 Rule 13 read with Section 151 CPC, for setting aside of the ex-parte judgment and decree of Judicial Separation dated 03.11.2007, passed in favour of the respondent/petitioner.

(2.) The facts as are relevant for the disposal of the present appeal, as made out from the record, are that on 10.12.2005, the marriage between the parties was solemnized at Delhi according to Hindu rites and ceremonies. According to the appellant/respondent, on 07.10.2006, she was subjected to cruelty and torture as a result of which, though she was pregnant, she was forced to leave the matrimonial home and reside with her parents. On 01.04.2007, a son was born to the parties who was suffering from a congenital heart ailment (hole in the heart).

(3.) The respondent/petitioner filed a petition under Section 10 of the Hindu Marriage Act, 1955 (for short, the „Act?) on 19.05.2007 seeking Judicial Separation from his wife. The appellant/respondent was proceeded ex-parte in the said proceedings as she was deemed to have been duly served on refusal of the summons by her and her father. Resultantly, the learned Trial Court granted a decree of Judicial Separation vide judgment dated 03.11.2007. Subsequently, the respondent/petitioner filed for divorce on 06.11.2008, under Section 13(1) (i-a), (i-b) and 13 (1-A) of the Act, on the grounds of cruelty, desertion as well as non cohabitation by the parties after the grant of a decree of Judicial Separation, which is pending adjudication.