GOVERDHAN LAL SHARMA Vs. KRISHNA DEVI

JUDGEMENT

(1.) Krishna Uevi respondent, hereinafter referred to as the wife, instituted proceedings under Section 13 and 10 of the Hindu Marriage Act, 1955 , hereinafter referred to as the Act, in the court of the Additional District Judge, Ludhiana, against her husband Shri Goverdhan Lal Sharma, son of Shri Amar Nath, Sectional Officer, Construction Division, Nooipur Road, Noorpur, District Kangra, through his father guardian and next friend Shri Amar Neth, Noorpur Road, Noorpur, District Kangra, alleging in the petition that Shri Goverdhan Lal Sharma was insane. Shri Amar Nsth refused service with the result that the court proceeded ex parte and eventually passed a decree for divorce which has been challenged by Shri Goverdhan Lal Sharma through the present appeal.

(2.) The order under challenge in this appeal has to be set aside on the short ground that the ex parte proceedings against the husband, appellant herein, were illegal for he had nit been legally served. Even if for the sake of argument it is accepted that he was insane, then no proceedings could continue unless a guardian and next friend was appointed by the court-the guardian and next friend mentioned in the petition having refused service.

(3.) For the reasons above-mentioned, the ex parte decree 17-10-1973 is set aside and the trial court is directed to proceed in the matter in accordance with law. No costs.