BALWINDER KAUR Vs. CHANDER KANTA

JUDGEMENT

(1.) THIS revision is directed against the order the District Judge, Karnal dated September 22, 1992 whereby ex parte divorce decree dated Dec. 7, 1990 granted in favour of the husband was set aside on an application moved by the wife.

(2.) PETITIONER herein filed a petition Under Section 13 of the Hindu Marriage Act, (for short 'the Act') seeking a decree of divorce. On notices having been issued in the said petition, a report was first received that the wife refused to accept the notice sent to her through registered post, yet the trial Court ordered that notices be served upon the wife personally and if for any reason it was not possible to effect service personally, service be effected by affixation at her residence. A report was ultimately made that the notice was affixed at the residential address of the respondent. This service was considered sufficient and exparte proceedings were ordered against her. After recording evidence of the husband, an ex parte decree of divorce was granted on Dec. 7, 1990 in favour of the husband on the ground of cruelty and desertion.

(3.) ON coming to know for the ex parte decree the wife moved an application dated February 25, 1991 for setting aside the ex parte decree. She averred that she was never served with the notice of the divorce petition and the report had been secured by the husband in a clandestine manner by intentionally furnishing wrong address as she had throughout been residing in village Shanghea, District Karnal. The husband denied the allegations made in the application. Learned District Judge after framing issues and recording evidence accepted the application and set aside the ex parte divorce decree by the order under revision.