USHA RANI Vs. DINESH CHAND

JUDGEMENT

(1.) This judgment will dispose of F. A. O. Nos. 13-M of 1952 and 73-M of 1982 as common question is involved.

(2.) On 14th September, 1977, the parties got married out of the wed-lock a daughter has born on 20th April, 1979. At the time of marriage, the husband was a clerk in the Punjab university, Chandigarh, and used to live at Kharar. In 1979 he obtained degree of Law and in October resigned the post of Clerk to start practice at Kharar. On 20th September, 1979 admittedly the wife left her husband's house with child in the company of her parents and a report was also lodged with the police that she was leaving in three plain clothes. The husband tried to bring her back and when his efforts failed, he filed a petition under section 9 of the Hindu Marriage Act, 1955 , for the restitution of conjugal right. In spite of service in the restitution of conjugal rights proceedings, the wife did not put in appearance. After evidence was led the trial Court by judgment and decree dated 19th February, 1940 granted a decree for restitution of conjugal rights. Later on wife filed attention under order 9 rule 13 of the Civil Procedure Code for setting aside the ex parte decree on the ground that she was not served with the summons and that the address given on the summons was not correct one. The application was contested by the husband anti on the contest of the parties the following issues were framed :

(3.) After evidence was led, the trial Court by judgment dated 31st October, 1981 came to the conclusion that no ground for setting aside the ex parte decree was made out. Against the aforesaid order, wife has filed F A O No. 13-M of 1982.