RAMESH KUMAR Vs. KANCHAN ALIAS RAJJI

JUDGEMENT

(1.) Ramesh Kumar husband of respondent Smt. Kanchan alias Rajji filed a petition under Sections 12 and 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) seeking decree of judicial separation or in the alternative, divorce. The Trial Court on 26th July, 1984 passed an exparte decree against the wife.

(2.) The wife, on 13th August, 1984 filed an application for setting aside the exparte decree, on the ground that she was bed-ridden on account of fever. She further stated that at the relevant time she was residing in Karker which is 500 Km. away from the Court and, therefore, it was not possible for her to undertake such long journey for attending the Court.

(3.) The learned Trial Court appreciating the explanation furnished by the respondent wife that illness being sufficient cause and good cause which has prevented her from attending the Court on 26th July, 1984, set aside the exparte order/judgment and decree by its order dated 3rd March, 1987 against which the present appeal is filed by the respondent-husband.