KULWANT KAUR Vs. BALBIR SINGH

JUDGEMENT

(1.) APPELLANT has filed this appeal against the Trial Court's order dated 15. 6. 1995, whereby her petition filed under Order 9 Rule 13, Civil Procedure Code, was dismissed.

(2.) BRIEF facts of the case that respondent Balbir Singh filed the petition under Section 13 of the Hindu Marriage Act, 1955 against the appellant on 19. 6. 1989 and claimed divorce on various grounds. The case proceeded ex parte and ex parte divorce was granted in favour of respondent-husband on 28. 11. 1989. Thereafter, on 19. 12. 1989 appellant filed petition under Order 9 Rule 13, Civil Procedure Code, alleging that on 8. 12. 1989, she alongwith her father Jeet Singh and brother Baljit Singh came to know from the reliable sources that the respondent-husband has obtained ex parte decree against her. She averred that she was never served and service through publication was also not the proper service as she is illiterate lady and that newspaper is not circulated in her village. She never got information regarding pendency of the divorce petition. Thus, she prayed that petition be allowed and ex parte decree be set aside.

(3.) THE Trial Court framed issues, recorded parties evidence and came to the conclusion that the appellant herself admitted on oath on 28. 11. 1989 she came to know about the pendency of the divorce petition filed by her husband from her father Jeet Singh, she did not receive any summon or registered cover through Court. She further admitted that after 4/5 days of filing of divorce petition, her father came to know about the pendency of this divorce petition from certain persons of village Mullanpurkalan. Thereafter, she enquired about the pendency of the divorce petition from the Court. She engaged a Lawyer Mr. Khem Chand Dev Advocate, Patiala. He used to tell her about the proceedings taken in the divorce petition, which was filed on 19. 6. 1989 and was decreed on 28. 11. 1989, but she filed petition under Order 9 Rule 13, Civil Procedure Code on 19. 12. 1989. Thereafter, the Trial Court held that the petition is time barred as it is filed beyond 30 days from the date of knowledge.