DINESH KUMAR Vs. SANTOSH DEVI

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This appeal arises out of the judgment and order dated 5-8-2006 whereby the decree of divorce passed by the trial Court in favour of the appellant has been set aside and the case has beeen remanded for further hearing and disposal.

(3.) Learned counsel for the appellant has tried to impress upon the fact that the respondent defendant in the divorce petition did not file her written statement to contest it and as such, the suit had to be decreed ex parte under Order 8, Rule 10, CPC. The respondent was obliged to file written statement after she had put in appearance in the case but since she failed to do the same, the trial Court has very rightly pronounced the ex parte judgment in the case and decreed the suit as such. Learned counsel has further submitted that there was no Justification on the part of the lower appellate Court to have set aside that Judgmet simply becaus there was non-compliance on the part of the appellant, of the directions given under Section 24 of Hindu Marriage Act.