RAJESHWARI Vs. JUGAL KISHORE GUPTA

JUDGEMENT

(1.) The defendant/wife has filed this appeal against rejection of her application under R.13 of O.IX of the Code of Civil Procedure.

(2.) The respondent/ husband filed a petition on 10-12-1982 under S.12(1)(b) and (c) for annulling the marriage by a decree of nullity alternatively under S.13(1)(b) of the Hindu Marriage Act, 1955 (hereinafter in short 'the Act') to dissolve the marriage by a decree of divorce on the allegations that the parties were married on 1-3-1978 according to Hindu rites and customs. Thereafter, the defendant lived with the plaintiff until 20-3-1978 whereafter she returned, along with her brother, to her parents house. Thereafter, she was again brought to matrimonial home on 7-5-1978 and lived with him till 12-8-1978. During her stay with the plaintiff, he discovered that she was suffering for the last about five years from epilepsy. The marriage was thus in contravention of S.5(ii)(c) of the Act viodable under S.12(1)(b) of the Act. On 14-3-1979, the plaintiff also recovered a letter containing objectionable and obscene words addressed to the defendant. On enquiry, the defendant declined to explain the possession of that letter in her trunk. The defendant became upset and unequivocally declared to return to her parents. On 18-3-1979, her brother came and she returned to her parents house.

(3.) The trial Court issued summons for her appearance on 28-1-1983 by ordinary means as also through a registered post. However, the plaintiff paid process only for ordinary service. The summons remained unserved until 14-2-1983. On this date, the Court again ordered the plaintiff to pay process for issue of summons by ordinary means as also by registered post and fixed the case for 4-41983. On this date, the summons was not received back. Hence the case was adjourned to 15-4-1983. The envelope sent through registered post to Gwalior was received back, but the similar envelope sent to the defendant addressed at Tikamgarh was not received by the Court. Hence the trial Court proceeded ex parte on 15-4-1983. After recording ex parte evidence of the plaintiff on 30-4-1983, the Court passed the ex parte judgment and decree under S.13(1)(b) of the Act on the ground of desertion. Other grounds alleged were held not proved.