BALWANT SINGH Vs. KAMLESH VERMA

JUDGEMENT

(1.) ON January 2, 1993, the District Judge, Patiala passed an ex parte decree for divorce in favour of the Respondent-wife. The husband, the present appellant filed a first appeal No. 148 M of 1993. The petitioner was permitted "to make an application for setting aside the ex parte decree before" the trial court. The application as well as the first appeal having been dismissed, the husband has filed the present Letters Patent Appeal. A few facts may be noticed.

(2.) THE parties were married on May 24, 1991. On July 24, 1992, Smt. Kamlesh Verma, the wife filed a petition under Section 13 of the Hindu Marriage Act, 1955 for dissolution of the marriage. The Court directed the issue of notice for October 8, 1992. The notice was sent by registered post. It was not served. The court directed the issue of notice for November, 23, 1992. It was received back with the report that the addressee had refused to accept it. On November 23,1992, the Court passed an order for ex parte proceedings. It recorded evidence on December 8, 1992. On January 2, 1993, the Court passed an ex parte decree for divorce. The appellant filed FAo No. 148 M of 1993 to challenge the ex parte decree. On December 21,1993. A division Bench of this Court dismissed the appeal with the following order:

(3.) THE applicant appeared as his own witness. In rebuttal, the respondent examined three witnesses besides herself appearing as RW. 3. The parties also produced certain documents.