AMARDEEP Vs. PRINCIPAL JUDGE FAMILY COURT

JUDGEMENT

(1.) By the present writ petition, the petitioner has prayed for a writ of certiorari quashing the order dated 3.2.2006 passed by learned Principal Judge, Family Court, Dehradun in Misc. Case No. 136 of 2005 Smt. Man Mohini Deep v. Dr. Amar Deep by which application under Order IX, Rule 13 of the C.P.C. has been allowed on payment of Rs. 250/- as cost. The ex parte decree dated 31st March, 2001 passed in Original Suit No. 403 of 2002 Amar Deep v. Smt. Man Mohini Deep has been set aside and Original Suit No. 403 of 2000 has been restored to its original number.

(2.) Briefly stated, the petitioner was married with respondent No. 2 on 4th April, 1981 at Dehradun in accordance with Special Marriage Act, 1954. Thereafter, the respondent No. 2 came to Fatehgarh, District Farrukhabad U.P. in the parental house of the petitioner after the marriage. However petition being No. 403 of 2000 under Section 27 of the Special Marriage Act was filed by the petitioner before the learned Civil Judge, Farrukhabad.

(3.) According to the case of the petitioner, notices were sent to the respondent No.2 by the Court and thereafter on 17th January, 2001 a publication was made in Dainik Aaj published from Kanpur. The case of the petitioner is that in spite of the knowledge by the respondent No.2, she did not appear in the Court and on 31st March, 2001, Civil Judge (Senior Division) Farrukhabad passed the order granting the decree for divorce. On 25th June, 2002, maintenance proceedings being Case No. 511 of 2002 under Section 125 of Cr.P.C. was filed by Km. Ankita, through her mother i.e. respondent No.2 legal guardian for the maintenance of her daughter to the extent of Rs. 9000/- per month. The objections were filed by the petitioner.