SUNITA RANI Vs. NARAIN DEV

JUDGEMENT

(1.) The instant appeal, under Order 43 Rule 1 (d) of the Code of Civil Procedure, has been maintained by the appellant for quashing and setting aside the impugned order dtd. 10/7/2019, passed by the learned District Judge, Kinnaur, Civil Division at Rampur Bushahr, in CMP No.358 of 2016 with a prayer to allow the instant appeal.

(2.) Brief facts giving rise to the present appeal as per the appellant-respondent is that an application, under Order 9 Rule 13 of the Code of Civil Procedure for setting aside the ex-parte judgment dtd. 13/3/2012, vide which, ex-parte divorce decree has been passed by the learned District Judge, Kinnaur at Rampur Bushahr. In the said petition, the present petitioner, who was respondent in the learned Trial Court (hereinafter referred to as "wife') that she was not duly served, summons were issued through Speed Post, on the wrong address, as the wife was never resided on the given address. This fact was very much in the knowledge of the husband. The husband got procured false and frivolous reports on the summons with the assistance of Process Serving agency. The wife was residing in House No.1638 near Killa Manimajra, Chandigarh, since the day, when she was hurl out of the matrimonial house by her husband. The wife maintained a complaint before the concerned Police Station, Panchkula, regarding threatening of life by her husband to withdraw the execution proceedings instituted by her for maintenance order. Thereafter, the wife came to the house of her husband and asked her to withdraw the application filed by her against him before the Police, as he has already contracted second marriage after obtaining ex-parte decree of divorce on 13/3/2012. Thereafter, the wife approached the learned Court below and maintained the instant petition for setting aside the ex-parte judgment. The learned Trial Court dismissed the application of the wife, under Order 9 Rule 13 of the Code of Civil Procedure for setting aside the ex-parte judgment, dtd. 13/3/2012.

(3.) Feeling aggrieved, the impugned order dtd. 10/7/2019, passed by the learned First Appellate Court, wife maintained the instant appeal.