KAMLA DEVI Vs. OM PARKASH

JUDGEMENT

(1.) The marriage between the parties was solemnised on 17.4.1980. The respondent filed a petition under Sections 10 and 13 of the Hindu Marriage Act, (hereinafter referred to as the Act), against his wife (petitioner) seeking divorce, or in the alternative, decree for judicial separation. The said petition was compromised on 10.2.1984.

(2.) The case of the respondent is that after the compromise, the petitioner did not join his company, whereas, the case of the petitioner is that she joined the company of respondent, but later on, he turned her out of the house.

(3.) The respondent filed a second petition under Sections 10 and 13 of the Act, on 28.8.1985, seeking divorce and in the alternative decree for judicial separation. On 4.3.1986, on the basis of the report of the process sever on the summons that the petitioner had refused to accept the summons, the petitioner was proceeded ex parte by the learned Addl. District Judge, Gurgaon, and the case was adjourned to 31.3.1986 for recording ex parte evidence. After ex parte evidence, ex parte decree for divorce was passed on 1.4.1986.