KRISHAN PAL Vs. SUNITA

JUDGEMENT

(1.) This petition assails an order dated 19.09.2012 (Annexure P-7) passed by the District Judge (Family Court), Bhiwani, allowing the application filed by Sunita-respondent (hereinafter referred as 'the respondent') under Order 9 Rule 13 read with Section 151 CPC for setting aside the exparte judgment and decree of divorce dated 13.09.2010.

(2.) The petitioner had obtained an exparte decree of divorce against the respondent on 13.09.2010, against which, she filed an application before the trial Court for setting aside the said decree on 24.02.2011 on the ground that she came to know about the decree dated 13.09.2010 only on 20.02.2011 when the family members of Krishan Pal-petitioner (hereinafter referred as 'the petitioner') came to her parental house for settling the criminal case registered against the petitioner under Sections 498-A and 506 of the IPC. At that time, they disclosed about the said decree of divorce, obtained by the petitioner from the Family Court, Bhiwani. Thereafter, she came to Bhiwani and applied for the copy of order on 22.02.2011. After receiving the copy, she came to know that the petitioner had obtained an exparte decree of divorce showing himself to be the resident of village Badhra.

(3.) He also showed the beauty parlour shop of the respondent at village Badhra. By setting up this false story, the petitioner obtained a false report of service upon her. The respondent has further claimed that at the time of filing of said petition, the petitioner was posted as Assistant Teacher in Uttar Pradesh, but by concocting the aforesaid false version, he invoked the jurisdiction of the Court at Bhiwani. The respondent has claimed that she had never received any summons or registered cover, therefore, she was not duly served. The said application was contested by the petitioner.