G RAVI Vs. G VIJAYASHREE

JUDGEMENT

(1.) PETITIONER herein filed O. P. No. 1367 of 1995, on the file of Family Court at Chennai, for getting divorce.

(2.) AN order was passed granting divorce as per Order dated 26. 3. 1996. Long thereafter, i. e. , on 4. 9. 1996, the wife filed I. A. 744 of 1996 for condonation of delay in filing an application to set aside the decree of divorce. In the affidavit filed in support of I. A. 744 of 1996, she alleged that no notice or summons by any means was served on her in respect of the case, nor on any of her family members. According to her, she came to know about the case only on 29. 6. 1996 only through her husband's relative (see para 7 of the affidavit ).

(3.) AFTER the case was posted for appearance, even though the respondent was declared exparte, the Family Court did not decide the case immediately. The matter was adjourned on two occasions, and on the third adjournment petitioner herein was examined in detail, and he has given a version of his case. In this connection, it may also be noted that even though the petitioner wanted divorce on the ground of cruelty and also on the ground that she is living in adultery, relief was given on the basis of evidence in only regarding cruelty. Various instances of cruelty have been stated in the evidence. Thereafter the Family Court, believing the evidence, passed the decree for divorce.