KAMALPREET SINGH Vs. RUPINDER KAUR

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside order dated 18.3.2011, passed by learned Additional District Judge, Chandigarh, dismissing application filed by the petitioner-husband for setting aside ex parte order dated 27.2.2010 with a further prayer for allowing him to join the proceedings. I have heard learned counsel for the parties and have gone through the whole record carefully including the impugned order passed by learned trial Court.

(2.) Facts relevant for the decision of present revision petition are that parties got married on 9.2.2007, as per Sikh rites and ceremonies. However, no issue was born out of the wedlock. Differences arose between the parties. Petitioner-husband filed a petition under Section 9 of the Hindu Marriage Act (for short 'the Act') on 4.8.2008. However, respondent-wife filed a petition under Section 13 of the Act seeking divorce on the ground of cruelty. Respondent-wife also lodged FIR No.286 dated 29.9.2009 against the petitioner-husband and his other family members.

(3.) The divorce petition was contested by petitioner-husband. He also filed written statement on 7.9.2009. Case was fixed for evidence of respondent-wife for 7.1.2010, when affidavits regarding examination-inchief of respondent-wife, her father and other witnesses were tendered and, however, the case was adjourned for their cross-examination for 27.2.2010. However, as none appeared for petitioner-husband on 27.2.2010, hence, he was proceeded ex parte.