VEERPAL KAUR Vs. RASHPAL SINGH

JUDGEMENT

(1.) Appellant is the wife and respondent is her husband. She has filed this appeal against the judgment and decree dated November 13, 2001, vide which petition of the respondent under Section 13 of the Hindu Marriage Act, 1955, was allowed ex parte and decree of divorce, dissolving marriage between the parties, was granted in his favour. It is apparent from the records that on tiling of petition, referred to above, notice was issued and as per report made by the Process Server, the appellant had refused to accept service and accordingly she along with on Gurmej Singh were proceeded ex parte. In that petition, to get divorce, it was case of the respondent that the appellant was quarrelsome lady and had been leading adulterous life with above said Gurmej Singh. Court below, after recording evidence, passed exparte judgment arid decree in favour of the respondent-husband, dissolving marriage between the parties.

(2.) In this appeal, it has been said by the appellant that she never refused to accept notice. If fact no process server ever came to serve notice upon her. It has further been said that the evidence, led by the respondent, was false and he was not entitled to get divorce, as has been prayed by him in his application. In this case, it is an admitted fact that the wife is living separate along with a minor female child. It is a matrimonial dispute and if this ex parte judgment and decree is allowed to stand, life of the minor child is likely to be reined. Otherwise also, it is necessary that efforts be made to see that the matrimonial alliance remains intact. In civil disputes, matters are required to be decided on merits and not on technicalities.

(3.) Rules and procedure are handmaid of justice. These are meant to enhance its cause and not to scuttle the same. Their Lordships of the Supreme Court in Sardar Amarjit Singh Kalra (dead) by L. Rs. and Ors. v. Smt. Parmod Gupta (dead) by L. Rs. and Ors., in para 26 of the judgment had opined as under: Laws of procedure are meant to regulate effectively, assist and aid the object of doing substantial and real justice and not to foreclose even an adjudication on merits of substantial rights of citizen under personal, property and other laws. Procedure has always been viewed as the handmaid of justice and not meant to hamper the cause of justice or sanctify miscarriage of justice.