RITU Vs. GOPAL GULATI

JUDGEMENT

(1.) Challenge in the present petition is to the order dated 20.5.2008, passed by the court below, whereby the application filed by the petitioner for restoration of the petition filed by her under Section 12 of the Hindu Marriage Act, 1955 (for short, 'the Act') for annulment of marriage, which was dismissed in default on 14.3.2007, was dismissed. An application seeking condonation of delay in filing of restoration application was also dismissed.

(2.) It is a case in which the respondent-husband was proceeded against ex-parte in the court below. Even before this court, efforts to serve him through normal process proved futile. His service had to be deemed complete vide order dated 1.6.2011 as substituted service was effected at his last known address. The petitioner-wife has prayed for annulment of marriage primarily on the ground of impotency of the respondent-husband.

(3.) The petition was dismissed in default on 14.3.2007. The application for restoration was filed on 20.5.2008. The explanation given for delay in filing was that brothers of the petitioner were falsely implicated in a murder case and on that account, the family remained disturbed.