GURDIAL SINGH Vs. JASVEER KAUR

JUDGEMENT

(1.) The instant appeal has been filed by Veena claiming herself to be the legal representative and wife of Gurdial Singh (now deceased) against the order dated 17.01.2019 passed by Principal Judge, Family Court, Patiala vide which the ex parte judgment and decree dated 29.01.2009 passed in the divorce petition titled as "Gurdial Singh vs Jasveer Kaur" against the first wife-Jasveer Kaur (respondent No.1 herein) was set aside.

(2.) Few facts necessary for adjudication of the instant appeal as pleaded in the application under Order 9 Rule 13 read with Section 151 Code of Civil Procedure filed by respondent No.1 - Jasveer Kaur before the court below may be noticed.

(3.) Gurdial Singh (deceased) got married to respondent No.1-Jasveer Kaur (first wife) on 10.02.1990 at Ambala. Two children were born out of the said wedlock. Gurdial Singh expired in an accident on 26.07.2014. Thereafter respondent No.1-Jasveer Kaur applied for benefits of her husband, who was working as teacher in Govt. Modern School, Batrohan but instead she received a letter from his office dated 27.11.2014 along with a copy of plaint in a suit for declaration filed by Veena (appellant herein). On receipt of copy of the plaint, it came to the knowledge of respondent No.1-Jasveer Kaur that an ex parte decree of divorce had been passed against her. On inspection of the divorce petition, she learnt that her husband Gurdial Singh had obtained an ex parte decree of divorce dated 29.01.2009 by concealing material facts and playing a fraud upon her. In fact, respondent No.1-Jasveer Kaur claimed that she along with her husband Gurdial Singh and two children had been residing in her matrimonial home at village Khaira not only on the date of filing of divorce petition i.e. on 15.03.2008 but also on the date of passing of the order dated 13.08.2008 vide which she was ordered to be proceeded against ex parte and judgment and decree dated 29.01.2009. In fact, Gurdial Singh had made respondent No.1-Jasveer Kaur a nominee in an insurance policy, which was obtained by him during the pendency of the aforementioned divorce petition. He had also opened a joint bank account with respondent No.1 - Jasveer Kaur in State Bank of India, Ambala City on 27.08.2008. It was averred by respondent No.1-Jasveer Kaur that she had never been served in the divorce petition filed by Gurdial Singh, and Gurdial Singh had in fact never ever resided at House No.5, opposite 3216, Ward No.14, Rajpura Town, the address which was mentioned by him in his divorce petition nor had she ever resided at village Dhanora i.e. her address mentioned in the divorce petition. She further submitted that her signatures had once been obtained by her husband Gurdial Singh on some papers for opening a bank account as he wanted to purchase a car in her name by raising a loan from the bank. She claimed that she had signed the papers in good faith on the asking of her husband Gurdial Singh, who unfortunately misused the same. She further claimed that all along she had been residing along with her children in her matrimonial home at village Khaira during as well as after the lifetime of Gurdial Singh and had never ever resided at village Dhanora i.e. the address given in the divorce petition. She claimed that she had never received any summons in the divorce petition filed by her husband.