SMT. SURESH DEVI Vs. BABU RAM

JUDGEMENT

(1.) THIS appeal has been filed on behalf of the wife -Appellant whose application for setting aside the ex parte decree of nullity passed under Section 12 of the Hindu Marriage Act, was dismissed.

(2.) THE husband -Respondent filed a petition under Section 12 of the Hindu Marriage Act, against his wife on 31.10.1985 for annulment of the marriage on the ground that the marriage could not be consummated because of the impotency of the wife. She was summoned for 19.11.1985. It was reported on the summons that she was reported to be out of station. However, on the registered cover and the acknowledgement due, the postman tried several times but ultimately it was reported on 11.11.1985 that the addressee had refused to take the registered cover On this report alone, the learned Additional District Judge, ordered to proceed ex -parte against the wife vide order dated 19.11.1985. On the very day ex -parte evidence was recorded and an ex -parte decree was passed on 22.11.1985 An application to set aside the ex -parte decree was made on 11.3.1986. It was stated therein that she had been away to the house of her maternal grand father since 1.11.1985 and was in village Chaneti and came back from there on 28.11.1985. She further pleaded that she was never presented any registered cover nor there was any occasion for her to refuse the same.

(3.) THE learned Additional District Judge came to the conclusion that there was no sufficient ground to set aside the ex -parte decree. It was also held that the application was barred by time. Consequently, the application was dismissed.