JASPAL KAUR Vs. MANJIT SINGH

JUDGEMENT

(1.) BEING aggrieved by the order dated 26. 10. 2002 passed by District Judge, Neemuch in MJC case No. 69/2002 whereby application filed by the appellant under Order 9 Rule 13, CPC for setting aside ex parte decree passed on 19. 7. 1988 in Civil Suit No. 33/1987 (Hindu Marriage case) has been dismissed, the present appeal is filed.

(2.) SHORT facts of the case are that marriage took place between the parties on 14. 6. 1984. The respondent filed a suit for divorce against appellant on 7. 8. 1987 which was numbered as Hindu Marriage case No. 33/1987. This case proceeded ex parte and decree for divorce was passed on 19. 7. 1988. After passing of the decree the appellant filed an application under Order 9 Rule 13, CPC on 21. 12. 1999 which was registered as MJC case No. 69/2002. The application was contested by the appellant on various grounds including on the ground that application was barred by law of limitation. After recording the evidence, learned Court dismissed the application vide order dated 26. 10. 2002 against which present appeal has been filed.

(3.) LEARNED Counsel for the appellant submits that appellant was having no knowledge about the ex parte decree. It is submitted that appellant was not allowed to live with her husband i. e. , respondent herein since May, 1985. It is submitted that appellant filed a suit for restitution of conjugal rights at Ajmer. This case was contested by the respondent and vide order dated 24. 7. 1989 a decree for restitution of conjugal rights was passed against which respondent filed an appeal before the High Court of Rajasthan at Jaipur. In these proceedings at no point of time it was stated by the respondent that a decree of divorce has already been passed against the appellant. It is further submitted that appellant moved an application for maintenance under Section 125, Cr. P. C. before the Court of Judicial Magistrate, Ajmer which was registered as case No. 268/1990. In this case the appearance was made by the respondent and the case was disposed of vide order dated 25. 5. 1990, whereby the application filed by the appellant was allowed in part. Being aggrieved by the rest of the application, which was dismissed appellant filed the petition before the High Court of Rajasthan at Jaipur, which was registered as case No. 268/ 1990 and was disposed of vide order dated 10. 9. 1991. This case was also contested by the respondent but it was not brought to the notice of the Court or the appellant that there was a decree of divorce against the appellant.