CHANDRA VATI Vs. PUSHPA DEVI

JUDGEMENT

(1.) APPELLANT Smt. Chandra Vati (Appellant herein) was married to one Sh.Inder Dev. The husband filed a petition for grant of divorce on the ground of desertion and cruelty against the appellant in the court of the District Judge, Mandi. This petition was instituted on 19.11.1992. It appears that various attempts were made to serve the wife at her address in Mandi Town. These attempts were not successful and finally a notice was sent to the petitioner at her address in U.S.A. On 13.5.1993 the trial court passed the following order :

(2.) THEREAFTER exparte evidence was recorded and a decree for divorce was passed in favour of the husband and against the wife on 12.8.1993. It would be pertinent to mention that the husband expired sometime in 1995.

(3.) THIS application was contested by the respondents No.1 to 6 who are the two other wives of the husband and his children from them. Respondents No.7 to 11 are the children of the husband Inder Dev from the appellant. Thereafter the learned trial court framed issues and recorded evidence and after hearing arguments has dismissed the petition on the ground that the petitioner has failed to show sufficient cause for setting aside the exparte decree and also on the ground that the petitioner has failed to substantiate her allegations about the exact date when she attained knowledge of the exparte decree.