RATAN LAL Vs. SHEELAL BAI

JUDGEMENT

(1.) This is an appeal by the husband under Sec. 28 of the Hindu MarriageAct, (in short 'the Act').

(2.) The appellant filed a petition for divorce under Sec. 13(1)(ib) the Act. He alleged that the parties married in 1978 and lived happily till May, 28 1982, when the respondent left the house of the appellant steal-thily and did not report thereafter despite the appellant's repeated efforts to bring her back. He served a notice dated 29.11.1984, but the notice returned with the remarks 'refused' .

(3.) The learned trial Court issued summons to the respondent, but the summons was returned with the remarks 'refused' Therefore, a fresh summons was issued. On this occasion. the summons was refused by the respondent's mother, and therefore, another summons was sent by ordinary process as also by a registered post. The registered cover returned with the remarks that the addressee has gone out of the village. The summons was, however refused in presence of the appellant on 27.4.1985. The summons was, however, reported to be served and the appellant has attested the service of the summons. On the basis of this report, the learned trial Court proceeded ex parte against the respondent on 2.5.1985.