SMT. RAJESH DEVI Vs. JAIBIR SINGH JANGRA

JUDGEMENT

(1.) The instant appeal is directed against the order dated 05.08.2010 passed by the District Judge, Family Court, Bhiwani dismissing application filed by appellant-wife under Order IX Rule 13 of Code of Civil Procedure (CPC) for setting aside the ex parte judgment and decree of divorce dated 26.04.2008. The marriage between the parties was solemnized on 17.12.1989 and two children, one male and the other female, were born from the wedlock. The children are now 19 years (son) and (daughter) 13 years old.

(2.) The petition for divorce was filed by respondent-husband on 02.01.2007. Appellant put in appearance before the trial Court on 11.08.2007. It was adjourned for filing written statement to 13.11.2007 with a direction to the parties to appear in person for reconciliation proceedings. The matter was then adjourned to 13.12.2007 for filing written statement subject to payment of Rs. 300/- as costs. It was also observed that both the parties were not present in person and they were again directed to appear on the next date. On 13.12.2007, the trial Court struck off defence of appellant for non-payment of costs and not filing the written statement. The petition was adjourned to 04.04.2008 for ex parte evidence. Certified copies of orders dated 11.08.2007, 13.11.2007 and 13.12.2007 are Ex. R-1 to Ex. R-3.

(3.) On 04.04.2008, appellant was present in person in the lower Court and informed that her counsel was demanding money to file written statement. The case was adjourned by the lower Court to 11.04.2008 for enabling appellant to move such application as she may consider necessary in the matter. She was also advised to contact Secretary, District Legal Services Authority (DLSA), Bhiwani for legal assistance. The trial Court, however, recorded ex parte evidence of the respondent.