RAKESH KUMAR Vs. SHASHI BALA

JUDGEMENT

(1.) Tersely, the facts & material, culminating in the commencement, relevant for disposal of the instant petition and emanating from the record are that, initially petitioner-husband-Rakesh Kumar son of Tirath Ram has instituted a divorce-petition against his wife respondent-Shashi Bala daughter of Dharam Pal, for dissolution of their marriage by way of a decree of divorce under Section 13 of the Hindu Marriage Act, 1955(hereinafter to be referred as "the H.M.Act"). As, nobody appeared on behalf of the respondent-wife, therefore, exparte decree of divorce was granted in favour of the petitioner-husband, by the matrimonial court, by means of judgment and decree dated 16.04.2011.

(2.) Thereafter, the respondent-wife moved an application on 23.02.2013 for setting aside ex-parte judgment & decree under Order 9 Rule 13 CPC. The petitioner-husband refuted the prayer of the respondent-wife, filed the reply and prayed for dismissal of the application. Ultimately, the evidence of the petitioner was closed by the trial Court, by virtue of impugned order dated 01.02.2014(Annexure P-1)

(3.) Aggrieved thereby, the petitioner has preferred the present petition, invoking the provisions of Article 227 of the Constitution of India.