GURPREET KAUR Vs. KULWINDER SINGH

JUDGEMENT

(1.) THE marriage between the parties was solemnized by way of Anand Karaj ceremony at village Sabdi Kalan, District Ludhiana on 12.11.2004. After marriage, the parties lived and cohabited together as husband and wife at village Bhadalwad, Tehsil Dhuri, District Sangrur. From the marriage, they had a son who died after three days of his birth in the month of October, 2005. Thereafter, they had a daughter namely Arshdeep Kaur, who was born on 02.08.2006. She is at present residing with the appellant -Gurpreet Kaur. Due to matrimonial disputes between the parties, the respondent -Kulwinder Singh on 24.07.2008 filed a petition under Section 13 of the Hindu Marriage Act, 1955 (Act -for short) seeking dissolution of the marriage between the parties by a decree of divorce on the ground of cruelty.

(2.) NOTICE of the petition filed by the respondent -husband was issued by the learned Additional District Judge (Adhoc), Fast Track Court, Sangrur, on 24.07.2008 for 02.09.2008. On the latter date i.e. 02.09.2008, notice to the appellant was issued for 14.10.2008 on filing registered cover and process fee within five days. The case was taken up on 15.10.2008. Registered cover was not received back. One month's time had passed, but the appellant -wife did not appear. So, she was proceeded against ex parte. The respondent -husband examined four witnesses on 30.10.2008. The arguments in the case were heard on 01.11.2008 and vide impugned judgment and decree dated 01.11.2008, the petition of the respondent -husband was allowed.

(3.) IT may also be noticed that the appellant during the pendency of the petition for divorce had filed an application (T.A. No. 404 of 2008) in this Court for transfer of the divorce petition from the Court at Sangrur to Ludhiana. The application was listed for hearing on 05.03.2009. On the said date, the respondent informed, in reply to the transfer application, that an ex parte decree of divorce had been passed on 01.11.2008.