ASHA GAMBHIR Vs. GHANSHYAM DASS GAMBHIR

JUDGEMENT

(1.) Appellant has assailed judgment dated 17.11.2006 passed by Additional District Judge (I), Faridabad vide which application for setting aside the order dated 04.01.1991 and consequent dissolution of marriage by a decree of divorce dated 09.01.1991 passed by the then Additional District Judge, Faridabad was dismissed.

(2.) Before embarking upon the merits of the case, some facts are required to be noted.

(3.) Respondent Ghanshyam Dass Gambhir filed a petition under Sec. 13 of Hindu Marriage Act for dissolution of marriage by decree of divorce between the parties. The said petition was filed on 23.11.1990 in the Court of District Judge, Faridabad. The notice of that petition was directed to be served upon the present appellant being respondent therein for 21.12.1990. As per report of Process Server, service was effected on the appellant on 28.11.1990 by him in person. On service, Sh. Suresh Sharma, Advocate appeared on behalf of the respondent on 21.12.1990 and sought time to file reply. The case was adjourned for 04.01.1991. On 04.01.1991, Sh. Suresh Sharma, Advocate pleaded no instructions and withdrew from the case. Present appellant was proceeded against ex parte and case was adjourned to 09.01.1991 for ex parte evidence of the husband -petitioner.