LAWS(P&H)-2009-7-149

DHANANJAYA GOPAL MALVEE Vs. SANGEETA DHANANJAYA MALVEE

Decided On July 28, 2009
Dhananjaya Gopal Malvee Appellant
V/S
Sangeeta Dhananjaya Malvee Respondents

JUDGEMENT

(1.) THIS appeal has been filed by the appellant/husband against the judgment and decree dated 4.5.2004 passed by the learned Additional District Judge, Gurgaon dismissing the petition filed by the appellant/husband under section13 (i) & (ia) of the Hindu Marriage Act (for short the Act) seeking a decree of divorce on the ground of cruelty and adultery.

(2.) NOTICE of the petition was issued to the respondents for 24.9.2003, dasti notices were also issued. Dasti summons were not served. Fresh notices were ordered to be issued for 28.10.2003. Notices sent by post were not served, and received back. Notices were again ordered to be issued. Registered covers issued to the respondents were received back with the remarks that she had left the place, whereas summons issued to respondent No.2 were not received back.

(3.) THE appellant led ex parte evidence in order to prove adultery of respondent No.1, however, he could not succeed, and the petition filed by husband was dismissed.