SUSHILA BAI Vs. RAM NIHORE JAGATDHARI PRASAD PATEL

JUDGEMENT

(1.) THE wife appellant has come up in appeal aggrieved by an order dated 4-11-1988 passed by the District Judge, Morena, rejecting her application Under Order 9, Rule 13, Civil Procedure Code seeking setting aside of an ex parte decree of divorce dated 19-1-1988 passed in C. O. S. No. 17- A/87 by the District Judge, Morena in favour of the husband/respondent.

(2.) THE application Under Order 9, Rule 13, Civil Procedure Code was filed on 28-3-1988 alleging that process server had come to her on 3-10-1987 but she told him to come on the following day because she wanted to consult her husband before accepting the summons. At that time the couple was living together. In the evening when the husband returned from the office, he told the wife that the proceedings were initiated by him in a fit of anger and the appellant need not bother nor attend the Court because he would have the proceedings terminated which would otherwise gathered the knowledge of the ex parte decree on 17-3-1988 when the husband/respondent told her that the marriage between them had been dissolved by a decree of divorce.

(3.) THE husband/respondent contested the prayer by denying all the averments made in the application.