MANGA RAM Vs. REENA DEVI

JUDGEMENT

(1.) This appeal is directed against the order of learned District Judge, Karnal, dated 11.8.2007, vide which an application filed under Order 9 Rule 13 of Code of Civil Procedure, 1908 (for short, CPC), for setting aside an ex-parte decree of divorce dated 12.1.2006 has been dismissed.

(2.) Brief facts of the case are that Reena Devi filed a petition under Section 13 of the Hindu Marriage Act,1955 for dissolution of her marriage with her husband Manga Ram (appellant) on the ground of cruelty.

(3.) During the pendency of the main divorce petition, application filed by the respondent/wife for maintenance pendente-lite and litigation expenses was allowed on 28.7. 2005. Part payment of maintenance was paid and for the payment of balance amount, the case was adjourned to 26.11.2005. None had put in appearance on the said date, therefore, the appellant was proceeded against ex-parte and the case was adjourned to 17.12.2005 for ex-parte evidence of the wife, which was recorded on 07.1.2006 and on the basis thereof, an ex-parte decree was passed on 12.1.2006.