JASWINDER KAUR Vs. KULBIR SINGH

JUDGEMENT

(1.) Jaswinder Kaur and Kulbir Singh performed marriage in the year 2003 and out of wed lock, two children were born who are in custody of their mother. Kulbir Singh filed petition under Section 13 of the Hindu Marriage Act, 1955 (in short "the Act") seeking decree of divorce. The proceedings culminated in ex parte judgment and decree dated 4.3.2008 in divorce petition filed on 22.10.2007. She was proceeded against ex parte on the basis of report prepared by process server of the court that she refused to accept summons and one copy of summons was affixed at 'dare abad'.

(2.) Jaswinder Kaur filed application for setting aside ex parte judgment and decree by invoking Order 9 Rule 13 of the Code of Civil Procedure, 1908 (in short "the Code") raising averments that she was never served in the case. Report of refusal was manipulated by her husband in connivance with the process serving agency. It is further averred that on 19.10.2009, a telephonic message was received by her family that Kulbir Singh had married and some party was going on in his house. The respondent-husband is enjoying benefits of his own wrong who has not bothered about future of minor children. He manipulated the report on summons to get a fraudulent ex parte decree by playing fraud with the court.

(3.) The respondent filed reply to the application denying the allegations on the basis whereof the appellant sought indulgence of the Court for setting aside ex parte decree dated 4.3.2008. It is averred that decree was passed on 4.3.2008 and marriage with Minakshi Sharma was solemnized on 12.10.2009 which was registered on 14.10.2009. Jaswinder Kaur did not adjust in the matrimonial house. She used to compel the respondent for separate residence. She left company of husband in March 2005 and she was in the habit of filing false applications.