KAMAL KUMAR BANSAL Vs. BABITA BANSAL @ CHHAVI BANSAL

JUDGEMENT

(1.) This is an appeal whereby the plaintiff appellant challenges the impugned judgment dated 8th November, 2016, passed by the Family Court, Udham Singh Nagar, in Misc. Case No. 14 of 2015, filed by the respondent wife invoking Order 9 Rule 13 to set aside the ex parte judgment and decree dated 12th September, 2014, by virtue of which, the marriage between the parties to the matrimonial proceedings has been dissolved.

(2.) The facts of the case leading to filing of appeal are that the appellant had instituted Suit No. 144 of 2014, invoking Section 13 (1) (i-a) and (i-b) for dissolution of marriage said to have been soleminised between them on 2nd June, 1996, on the ground of cruelty and desertion. The said Suit, after having been instituted on 28th March, 2014, proceeded and it was decided by an ex parte judgment and decree dated 12th September, 2014, consequently, the marriage between the appellant and the respondent was dissolved.

(3.) The learned Family Court, while proceeding to decide the said suit ex parte, had recorded a finding to the effect that the summons which were issued by the Court were duly received and despite of it, the respondent had not put in appearance and, thus, the suit was directed to be proceeded ex parte, by the order dated 30th September, 2014. The respondent did not had the knowledge of the proceedings as well as the ex parte judgment dated 12th September, 2014.