PRITIBEN RAJESHKUMAR BHAGAT Vs. RAJESHKUMAR TUKARAM BHAGAT

JUDGEMENT

(1.) PRESENT Second Appeal under Section 100 of the Code of Civil Procedure, 1908 has been preferred by the appellant herein original defendant to quash and set aside the impugned judgment and decree dated 05.07.2002 passed by the learned 2nd Joint Civil Judge (Senior Division), Bharuch in H.M.P. No.100 of 2000 as well as the impugned judgment and order dated 22.09.2005 passed by the learned Principal District Judge, Bharuch in Regular Civil Appeal No.5 of 2003 by which the learned Appellate Court has dismissed the said Appeal preferred by the appellant herein and has confirmed the ex-parte judgment and decree passed by the learned trial Court.

(2.) THAT the respondent herein ? original plaintiff/applicant instituted H.M.P. No.100 of 2000 against the appellant wife in the Court of learned Civil Judge (Senior Division), Bharuch for restitution of conjugal rights i.e. under Section 9 of the Hindu Marriage Act. It appears that after the written statement was filed, the appellant could not remain present before the learned trial Court and therefore, the H.M.P. proceeded ex-parte and the learned 2nd Joint Civil Judge (Senior Division), Bharuch by judgment and decree dated 05.07.2002 allowed the said application and decreed the said application.

(3.) PRESENT Second Appeal is allowed to the aforesaid extent. No costs. Direct service is permitted.