BELLAMKONDA VENKATRAYUDU Vs. BELLAMKONDA MAHALAKSHMAMMA

JUDGEMENT

(1.) This Revision is preferred against an order of the learned Additional Subordinate Judge, Narsaraopet, allowing 1 A No. 2064 of 1985 filed by the respondent (who is the wife of the petitioner). That was an application filed under Order 9 Rule 9 CPC for the setting aside of an earlier order dated : 24-6-1985 made in I A No. 3294 of 1984. The said I A No: 3294 of 1984 was an application filed by the respondent-wife for setting aside the ex pane decree of divorce dated : 8-8-1984. In the present application filed for restoring the earlier I A No. 3294 of 1984, the respondent examined herself and in her evidence she referred to the fact that she was under the treatment of Dr. Jagannadha Rao. On the basis of the said evidence, the petition, 1 A No. 2064 of 1985, was allowed and the earlier interlocutory application was restored. In the Lower Court, the petitioner relied upon the decision of the Gauhati High Court reported in Anjana Kumar vs. Minakshi (1) AIR 1985 Gauhati 44) to the effect that the provisions of Order IX Rule 13 CPC are Hot applicable to the proceedings under the Hindu Marriage Act, 1955. The learned Subordinate Judge did not choose to follow the abovesaid decision in view of the decision of the Delhi High Court reported in Rishi Dev Anand vs. Devinder Kauf (2) A I R 1985 Delhi 40). The learned Subordinate Judge also referred to the decision of this Court in D. K. Ratnamma vs. K. John (3). AIR 1986 AP 238):

(2.) In this Revision it is contended by the learned counsel for the petitioner that the view taken by the Gauhati High Court in Anjan Kumar's Case (1 supra) is correct. Section 21 of the Hindu Marriage Act states that subject to the other provisions contained in the Act and to such Rules as the High Court may make in this behalf, all proceedings under the Act shall be regulated, as far as may be, by the Code of Civil Procedure, 1908.

(3.) Rules have been framed by the High Court of Andhra Pradesh (See page 163, second part of the Handbook of CPC by Shri C. Obulapathi Choudary, 1970 edition). Rule 15 merely mentions the procedure for settlement of issues, the parties to enter appearance and filing written statements. There is no provision in the Rules which in any manner detracts from the provisions of Order IX Rule 13.