VAIANTI BAI Vs. JAIRAM

JUDGEMENT

(1.) THE appellant has come forward with this appeal being aggrieved by the ex -parte judgment and decree dated 10.5.2006 passed by the Ist Additional District Judge, Harda in HMC No. 10 -A/06 by which respondent's application under section 13 of the Hindu Marriage Act (in short 'the Act') has been allowed and decree for dissolution of marriage has been passed.

(2.) THE facts giving rise to this appeal in short are that the respondent filed an application against the appellant under section 13 of the Act for divorce on the ground of cruelty and desertion. After receiving the notice of such application, appellant engaged the counsel for defending such case. Subsequently, without giving any intimation to the appellant, her counsel did not appear in the Court on dated 25.4.2006, resultantly the Court proceeded ex -parte against her and passed the decree for divorce by the impugned judgment. The same is under challenge in this appeal.

(3.) BY responding the aforesaid arguments Shri S.K. Gangrade and Shri U.K. Shukla, learned counsel for the respondent justified the impugned judgment and decree and said that the appellant was duly noticed by the Court and her counsel also appeared in the Court. Subsequently, on account of non -appearance of the appellant and her counsel, the case was proceeded ex -parte. In that way, the trial Court has not committed any error, infirmity or perversity in passing the impugned judgment and decree. Thus, the same does not require any interference at this stage.