D. KASTURI DEVI Vs. D. KALIKESHWAR RAO

JUDGEMENT

(1.) THIS is an appeal filed by the appellant against the order dated 7th March, 1991 in Marriage Petition No. 64 of 1990 on the file of the Joint Civil Judge, Senior Division, Thane. Heard the learned Counsel for the appellant. The respondent has not appeared before the Court inspite of service of notice.

(2.) THE respondent -husband filed the Marriage Petition in the Trial Court for divorce under Section 13(1A) of the Hindu Marriage Act. The appellant was served with notice and she engaged an Advocate but no written statement was filed. Then subsequently, the learned Trial Court allowed the petition on the basis of affidavit filed by the respondent and granted a decree for divorce. After coming to know of that order, the wife has come up with the present appeal.

(3.) IN the result, the appeal is allowed. The impugned order dated 7th March, 1991 in Marriage Petition No. 64 of 1990 is hereby set aside and the case is remanded to the Trial Court for giving an opportunity to the appellant to the file written statement and then to dispose of the case on merits according to law, after recording evidence that may be adduced by both the parties. In the circumstances of the case, there will be no order as to costs.