USHA RANI Vs. PREM SINGH

JUDGEMENT

(1.) APPELLANT Usha Rani (hereinafter referred to as 'the wife') has filed this appeal against the ex parte decree of divorce dated 23.8.1996, passed against her on a petition filed by the respondent Prem Singh (hereinafter referred to as 'the husband') under Section 13(1) of the Hindu Marriage Act for dissolution of marriage on the ground of desertion and cruelty.

(2.) IN this case, marriage between the parties was solemnized on 16.2.1991 in accordance with Hindu rites and ceremonies. One daughter was born out of this wed-lock, who is now residing with the wife. In the year 1994, the petition for divorce was filed by the husband against the wife on the ground of desertion and cruelty. It was alleged that the wife had refused to live with the husband and the efforts made by the Panchayat to bring the wife back to her matrimonial home failed. It was also alleged that behaviour of the wife was cruel towards the husband.

(3.) THEREAFTER , the case was adjourned to several dates, but the parties could not arrive at any compromise. On 12.3.1996, the wife was proceeded against ex parte by passing the following order :- Present : Sh. S.S. Kalson, Adv. for Petitioner Sh. N.N. Girotra, Advocate for Respondent However, Sh. Girotra, Advocate withdraws for want of instructions. Respondent proceeded ex parte. Arguments heard. For order to come up on 13.3.1996.