PUSHPA DEVI Vs. RAGHUBIR SINGH

JUDGEMENT

(1.) The appeal has been filed by Pushpa Devi appellant against the order dated 18.01.2011, passed by the learned District Judge (Family Court), Faridabad, whereby her application under Order 9 Rule 13 read with Section 151 of the Code of Civil Procedure for setting aside the exparte order dated 13.02.2003 and the exparte judgment and decree dated 03.04.2003 granting a decree of divorce to the respondent was declined.

(2.) Notice of motion was issued and the record of the learned Court below was requisitioned.

(3.) In terms of order dated 26.05.2011, the parties were asked to appear before the Mediation and Conciliation Centre functioning in this Court. Mediation proceedings failed. In terms of the proceedings recorded on 20.07.2011 by the Mediation and Conciliation Centre, the case was referred back to this Court. Thereafter, the parties, on their own, entered into a compromise on 25.05.2012. The original compromise deed was submitted in Court on 04.07.2012. On the said date, the statement of Pushpa Devi appellant was also recorded on oath. It was inter-alia stated by her that she had compromised the matter with her husband (respondent) vide compromise deed dated 25.05.2012( Ex.C1). However, she further stated that she had entered into a compromise to save her life as her husband's younger brother (devar) was sending gundas everyday to her house, where she was living and the house was in the name of her father-in-law. In view of the said statement, the compromise dated 25.05.2012 (Ex.C1) was rejected by this Court on 04.07.2012.