RAM SINGH YADAV Vs. GUNWATI DEVI

JUDGEMENT

(1.) Present Civil Revision arises in connection with a suit filed by Smt. Gunwanti Devi, respondent No. 1, against Lt. Col. Ram Singh Yadav, petitioner, (or divorce under Section 13 of the Hindu Marriage Act, 1955, (No. 25 of 1955).

(2.) The suit was filed on the 8th March 1965, and it appears that notice in normal course was issued to the petitioner. Though it is common ground between learned counsel for the parties that no notice in the prescribed manner was given to the prescribed authority by the Additional District Judge, as required by Section 6 of the Indian Soldiers (Litigation) Act, 1925 (Act No. IV of 1925) (hereafter referred to as the Act), but still there is on record a certificate dated the 18th May, 1965, under Section 7 of the Act, reciting -

(3.) Again, by letter No. 51702-A, dated the 25th August, 1965, the Commander of 50 Independent Parachute Brigade, wrote to the Additional District Judge, Delhi, pointing out that Lt. Col. Ram Singh Yadav "is serving under special conditions and that postponement of the proceedings in respect of that soldier is necessary till 16th September, 1965, in the interests of justice". There is yet another letter No. 51702-A, dated the 22nd September, 1965, from the Commander to the Additional District Judge, Delhi, again certifying that petitioner "is serving under special conditions and that postponement of the proceedings in respect of that soldier is necessary in the interests of justice".