MALARKODI Vs. MUTHU

JUDGEMENT

(1.) Heard Mr.P.Mani, learned counsel for the Revision Petitioner and Mr.T.Sundaravadanan, learned counsel for the Respondent.

(2.) The Respondent/Husband has filed H.M.O.P.No.53 of 2003, before the learned Subordinate Judge, Hosur, for divorce against the petitioner/wife under section 13(1) (i -a) of the Hindu Marriage Act of 1955. On the ground of the petition was set Ex -parte on 30.11.2004 and a decree was passed against the Petitioner/wife on the ground that the Petitioner/wife has not appeared and not filed the counter statement.

(3.) Therefore, the Petitioner/wife has filed in I.A.No.2 of 2005 under Order 9, Rule 13 and Section 151 of C.P.C with a prayer to set aside the ex -parte decree in H.M.O.P.No.53 of 2003, dated 30.11.2004. In the said petition notice was given to the Respondent. Whereas the Petitioner/Wife has not appeared before the Court on 27.03.2006, hence the petition in I.A.No.2 of 2005 filed by the Petitioner/wife was dismissed for default for non appearance of the Petitioner/wife.