RACHNA SACHDEV Vs. MANOHAR SACHDEV

JUDGEMENT

(1.) THIS appeal has been filed against the ex-parte judgment and decree dated 5.5.2006 of the Principal Judge, Family Court, Indore, in Marriage Case No. 75/2006 by which the learned Judge has allowed the petition for divorce under section 13 (1) (ib) of the Hindu Marriage Act, 1955, and dissolved the marriage between the appellant and the respondent.

(2.) LEARNED counsel for the appellant submits that on account of the examination of her son, the appellant could not appear before the Family Court on the date fixed in this behalf and since thereafter she was taken ill, she could not appear and ascertain the position of the said case. It is also stated that a case u/S. 9 of the Hindu Marriage Act, has already been filed by the appellant-wife in the Court having jurisdiction at Ahemadabad prior to the proceedings initiated by the respondent and, therefore, also, the suit filed by the respondent was not maintainable and, in any case, it could not have been proceeded with till the decision of the proceedings launched at Ahemadabad. In support of the cause pleaded, Annexure A-1 has been filed to show the date on which the examination was conducted and Certificate of Dr. Mukesh Chaudhary (Annexure A-2) has been filed to show that the appellant was suffering from acute viral hepatitis from 12.4.2006 to 15.6.2006 and was advised complete bed rest.

(3.) SECTION 10 of the Family Court Act, 1984 provides as under :