MOR ALIAS MORNI Vs. DEVENDER

JUDGEMENT

(1.) This appeal has been filed against the judgment dated 13.12.2005, vide which, the application of the respondent-husband under Section 9 of the Hindu Marriage Act, 1955, was allowed ex-parte. It is not in dispute that earlier also, the appellant was ordered to be proceeded exparte vide order dated 26.11.2005. She moved an application to set aside the same and the Court, on 13.12.2005, passed the following order:-

(2.) It is very surprising that to pay cost, not even a single day was granted in favour of the appellant. Her counsel states that as the money was not readily available with the appellant, she failed to put in appearance after lunch before the Court and on that very day, an ex-parte judgment was passed. This Court feels that the procedure adopted is not justified and is contrary to the principles of natural justice. Once, ex-parte order dated 26.11.2005 was set aside on 13.12.2005, by imposing cost of Rs.1000/-, it was incumbent upon the Court below, to grant a reasonable time, to the appellant to make payment of the cost. As everything was done in a haste, we are unable to uphold the order passed by the Court below. Before this Court, the appellant is entitled to claim litigation expenses. Deliberately, we have not granted the same. In view of this, cost of Rs.1000/-, which the Court below ordered her to pay, vide order dated 13.12.2005, shall be deemed to have been paid.

(3.) In view of facts mentioned above, this appeal is allowed, judgment dated 13.12.2005 passed by the Court below is set aside and the matter is remitted to the matrimonial Court at Jind to decide the same afresh, on merits. Parties are directed to appear before the Court below on 15.11.2006.