GURDIAL KAUR Vs. DILBAG SINGH

JUDGEMENT

(1.) THE petitioner is in revision against the order dated 17.1.2007 vide which the learned Trial Court non suited her (on merits and also on point of maintainability) on a plea (under Order 9 Rule 13 C.P.C.) filed by her to obtain the invalidation of the ex parte decree of divorce. The averment, in the context, was that she never ever filed it and that somebody else impersonated her.

(2.) THE plea did not find favour with the learned Trial Court, thereby impelling the petitioner-wife to approach this Court.

(3.) THE respondent-husband contested the averments made by the petitioner-wife and raised objections regarding us standi also the maintainability thereof. Further, she was averred to be estopped, by her own act and conduct, from filing the petition which was barred by limitation too. The respondent denied that she was living at the matrimonial house at the time of petition came to be filed. The averment, in the context, was that the petitioner-wife had already withdrawn from the conjugal company of the respondent-husband and was putting up at her natal house.