SEEMA Vs. SANJAY KUMAR

JUDGEMENT

(1.) This appeal is directed against an ex-parte order dated 17.08.2012 passed by Family Court, Hisar, whereby the petition under Section 13 of Hindu Marriage Act, 1955, preferred by the respondenthusband has been accepted and marriage between the parties has been dissolved by a decree of divorce.

(2.) It may be mentioned here that respondent-husband had filed one more petition for divorce bearing No. 162 dated 09.03.2010, in which the appellant-wife had put in appearance and the case was fixed for reconciliation. Meanwhile, the respondent-husband filed yet another petition for divorce on the ground of desertion, which was also a ground taken in the first petition, and in the second petition, it was reported that the appellant-wife allegedly refused to accept the notice. She was, accordingly, proceeded ex parte and after preponing the date in the petition, the Family Court passed the ex parte decree of divorce.

(3.) The records of both the petitions were summoned and on perusal of the report of the Postal Authorities on the registered notice sent to the appellant-wife, we are satisfied that no effective service was made on her and the decree of divorce was granted hurriedly and in a most casual manner, without effecting proper service on the appellant-wife.