SMT. SUNITA RAWAT Vs. BHUPENDRA SINGH RAWAT

JUDGEMENT

(1.) The instant appeal has been preferred by the appellant under Section 19 read with Order 43, Rule 1 (d) whereby the application submitted by the appellant (wife) invoking Order 9, Rule 13 for setting aside the ex-parte decree dated 02.11.2012, was rejected.

(2.) The plaintiff-respondent had filed a Suit No. 189/2011 for dissolution of marriage which was solemnised between them on 18.05.1996. It is an admitted case that the out of the said wedlock, a son, Mayank Rawat was born. The proceedings under Section 13 was filed on account of the cruelty which the plaintiff contended to have been exercised by the appellant herein, because often it was experienced by him that whenever he tried to visit the defendant (respondent herein), the appellant used to hurl abuses, he also pleaded that the appellant has got illicit relationship with number of friends, it was pleaded that she has threatened that if anyone creates any hindrance in her attitude of leading her life, he or she will face dire consequences.

(3.) The plaintiff contended that the respondent for last 7 years has deserted and is not discharging her matrimonial obligations, an effort was made on 18.07.2000 was not acceded to and the respondent declined to discharge her matrimonial obligations. Summons were issued and thereafter a substituted service by issuing publication in the newspaper was made. Despite of the service, the respondent has chosen not to contest the proceedings and thus the trial court directed to proceed ex-parte as against the respondent.