KAMLA Vs. LAXMI CHAND KUKREJA

JUDGEMENT

(1.) This is an appeal filed by the wife under section 28 of the Hindu Marriage Act (hereinafter referred to as 'the Act'), against the order dated 27.3.1985 passed by the 10th Additional Judge to the Court of the District Judge, Indore, in Hindu Marriage divorce case No. 12/84 whereby the appellant's divorce petition has been dismissed with costs.

(2.) The facts giving rise to this appeal briefly stated, are as follows :

(3.) The appellant Smt. Kamla had filed a petition under section 13 of the Act for divorce in the Court of 10th Additional Judge to the Court of the District Judge, Indore. On 27.3.1985, the date on which the appellant's witnesses were to be examined before the learned lower Court, the appellant and her witnesses were not present, but the appellants counsel appeared and sought adjournment by an application stating therein that the appellant was sick and was advised rest. A Medical Certificate was also filed in support of the application. But the learned lower Court refused adjournment and rejected the appellant's application in that regard and dismissed the appellant's petition for divorce.