SWARNALATA MALIK Vs. SRIDHARA MALLIK

JUDGEMENT

(1.) This appeal has been preferred by the wife, the appellant against the judgment passed in C.P. Case No.931 of 2010 by the Judge, Family Court, Cuttack.

(2.) The brief facts of the case is that the appellant has solemnized marriage with the respondent on 10.6.2003 as per Hindu rites and custom and they have led their conjugal life without any disturbance for a period of seven years. But thereafter due to some disturbances a C.P. Case has been filed for dissolving the marriage U/s.13 of the Hindu Marriage Act, 1955. The Judge, Family Court has passed ex-parte decree of divorce vide judgment delivered on 29.6.2011.

(3.) The sole ground taken by the appellant is that no opportunity has been provided to her since on summon she had appeared on 18.5.2011, the next date was fixed on 26.6.2011 and thereafter the date was deferred after three days and fixed on 29.6.2011 and on that very date the case has been posted for ex-parte order and subsequently the impugned judgment, since been passed only on the basis of an affidavit which has been treated as an evidence, is nullity in the eye of law.