RAJNI PACHORI Vs. KAMLESH PACHORI

JUDGEMENT

(1.) In a hot haste manner the impugned judgment and decree for divorce was obtained by the respondent/husband on 15.4.86 in Civil Suit No. 68 - A of 86 passed by the IV Additional Judge to the Court of District Judge, Jabalpur, against his wife/appellant. The manner in which the decree was obtained is shrouded with lot of doubts.

(2.) Apart from doubts, the legality of the divorce decree is to be tested in the light of the provisions of Order 15 C.P.C. and Section 23 (2) of the Hindu Marriage Act, 1955 (hereinafter referred to as the' Act') i. e., if parties are not at issue, whether the Court in such circumstances without examining the plaintiff or the defendants, as the case may be, can pass the decree? and secondly, whether under the provision of section 23 (2) of the Act, which are mandatory, without adhering it, decree can be passed in matrimonial suit?

(3.) The short facts leading to this appeal are as under: The parties are Pachori Brahmins and their marriage was solemnised according to the ritis prevalent in their caste in Mahakoshal region, on 15.7.80.