SAROJ Vs. AJIT SINGH

JUDGEMENT

(1.) THIS appeal is directed against the order dated 3. 4. 1991 passed by the learned Additional District Judge, Gurgaon, whereby application of the appellant for setting aside ex parte Decree of divorce dated 2. 4. 1990, has been dismissed. The case put forward by the appellant is that she was living with the Respondent-husband under the same roof. The respondent filed a divorce petition and took the appellant to Court after tutoring her on the pretext that some land was to be transferred in her name and thereafter he obtained ex-parte divorce on the ground of adultery by playing a fraud upon the appellant. The appellant came to know about ex parte decree of divorce against her on 24-6-1990 and after re-opening of the Court, she came to know the contents of the divorce petition and then moved an application for setting a side ex parts decree.

(2.) THE stand of the respondent-husband is that the appellant was dully served through registered A. D. post as well as in person who appeared in the Court on the first date of hearing and reconciliation proceedings were held wherein she confessed the acts of adultery and the entire proceedings were within her knowledge and she intentionally did not contest the petition knowing that she was a defaulting party and other averments of the appellants were also controverted. The learned Additional District Judge, Gurgaon after recording the evidence of the parties dismissed the application of the appellant-wife vide order dated 3. 4. 1991 which has been challenged in the instant appeal.

(3.) I have heard the learned Counsel for the parties and perused the record of Trial Court.