BALWINDER Vs. KULDEEP KAUR

JUDGEMENT

(1.) BY filing a petition under section 12(i)(c) of the Hindu Marriage Act, 1955 (for short 'the Act'), Balwinder, petitioner, the husband has obtained a decree of annulment of his marriage with Kuldeep Kaur, respondent. The said decree is passed ex -parte against the respondent on 05.09.2008. . The wife filed an application under Order 9 Rule 13 CPC for setting aside the said decree and vide order dated 21.10.2011, learned Additional District Judge, Chandigarh has accepted the said application and has set aside the ex -parte judgment and decree dated 05.09.2008. It is this order, which is challenged by the petitioner by way of this revision petition brought under the provisions of Articles 226/227 of the Constitution of India.

(2.) THE marriage between the parties was solemnized on 10.12.2006. Claiming that the girl shown to him before the marriage was different from the girl with whom his marriage was solemnized, Balwinder has sought a decree of annulment of marriage.

(3.) THE wife has claimed that she was shown to be a resident of H. No. 2950 -51 Dadu Majra Colony, Sector 38, Chandigarh. This is the address of the petitioner as per the memorandum of parties. According to her, on three dates, the process server made report that the said premises was found lying locked. Nothing was there to prove that the respondent was avoiding the services of summons. Summons were never tendered for her service. She has claimed that she was not subscribing to the newspaper 'Desh Sewak' and that she never came to know about such newspaper. The said newspaper is said to have no circulation at Pehowa where she has been residing.