ANJAN KUMAR KATAKI Vs. MINAKSHI SARMA

JUDGEMENT

(1.) Petitioner Shri Anjan Kumar Kataki has preferred this Civil Revision against the Order dt. 7-2-1983 passed by the learned Additional District Judge of Dibrugarh in Misc. Case No. 3 of 1980 arising out of Title Suit (Divorce) No. 1 of 1983 (Original No. 11 of 1978).

(2.) Petitioner Shri Anjan Kumar Kataki was husband of Smt. Minakshi Devi Kataki. He instituted a suit under S.13 of the Hindu Marriage Act for obtaining decree of divorce against Smt. Minakshi Devi. He obtained an ex parte divorce decree on 31-3-79 in the Court of District Judge, Dibrugarh.

(3.) Smt. Minakshi Devi filed a petition under O.9, R.13, C.P.C. for setting aside the said ex parte decree. The said petition was registered as Misc. Case No. 84 of 1979 in the Court of District Judge, Dibrugarh and subsequently on transfer, registered as Misc. Case No. 3 of 1980 in the Court of Additional District Judge, Dibrugarh. Shri Anjan Kumar Kataki contested the said Misc. Case on the ground that the case was not maintainable under O.9, R.13, C.P.C. in view of the provisions under S.28 of the Hindu Marriage Act (amended in 1976). However, the Additional District Judge held that a petition under O.9, R.13, C.P.C. was maintainable and accordingly allowed the said petition, set aside the ex parte decree and restored the suit to file by his order dt. 7-2-1983 in Misc. Case No. 3 of 1983. Therefore, Shri Anjan Kumar Kataki has preferred this Civil Revision against the said order.