SAVITA Vs. DAVINDER SINGH

JUDGEMENT

(1.) The appellant, challenges, the ex-parte judgment and decree of divorce, dated 11.02.2006, passed by the Additional District Judge, Sonepat.

(2.) Counsel for the appellant submits that the appellant was not aware of the pendency of the petition for divorce as summons were never served. The publication in "Chardi Kalan", on 14.06.2005, did not come to her notice. Counsel for the appellant further submits that the appellant filed an application for setting aside ex-parte order, dated 12.09.2005, but it was withdrawn as the appellant was threatened that if she did not withdraw the application, she and her children would be killed. The appellant, therefore, made a statement on 08.02.2006, under threat that she does not wish to press her application for setting aside of ex-parte order dated 12.09.2005. This apart, it is contended by counsel for the appellant that the pleadings and the evidence do not make out a case for grant of divorce on the ground of cruelty.

(3.) Counsel for the respondent, on the other hand, submits that the appellant was aware of the filing of the petition but evaded service. The trial court, therefore, ordered service by publication. After publication of a notice in a newspaper but as the appellant did not put in appearance, she was ordered to be proceeded against exparte. The appellant, thereafter, filed an application for setting aside the ex-parte order, but withdrew the application and then filed this appeal, thereby proving that the appellant has filed this appeal, merely to pressurize the respondent.