SAROJ Vs. RAJENDER KUMAR

JUDGEMENT

(1.) THE wife is in appeal before us against the judgment and order dated 09th March, 2011 whereby her application under Order 9 Rule 13 read with Section 151 of the Code of Civil Procedure to set aside the order dated 12th February, 2009 of proceeding ex -parte against her and the consequential judgment and decree of divorce dated 01st April, 2009, has been dismissed by the Family Court, Faridabad. The appellant and the respondent got married on 19th February, 2007 and a male child was born out of the wedlock on 23rd July, 2008. The appellant - -wife was allegedly thrown out of her matrimonial home in the 2nd week of July, 2008 but pursuant to a compromise reached through the intervention of the Panchayat, which was duly executed on a stamp paper on 23rd November, 2008, the appellant was brought back to her matrimonial home where she continued to stay with the respondent till 20th April, 2009.

(2.) THE respondent -husband however, filed a petition for divorce under Section 13 of the Hindu Marriage Act, 1955 in which the appellant -wife was shown to be residing at her parental house in Kisan Mazdoor Colony, Old Faridabad, though according to her, she was actually living with the respondent. On the strength of the wrong address, the appellant -wife was shown to have refused to accept the notice and was proceeded against ex -parte on 12th February, 2009 with a resultant ex -parte decree of divorce passed on 01st April, 2009.

(3.) APPALLED , the appellant and her father then rushed to the Court and found out about the judgment and decree dated 01st April, 2009 and applied for its certified copy on 28th May, 2009 and on receipt of the same on the next day, i.e., 29th May, 2009, the application to set aside the order of ex -parte dated 12th February, 2009, was moved.