SWETA RANI Vs. ER. DEEPAK KUMAR PRASAD

JUDGEMENT

(1.) Heard learned counsel for the appellant. No one appears for the respondents even today and had not appeared earlier on the last two occasions also.

(2.) The appeal has been filed against the judgment and order dated 15.07.2010 passed by the Principal Judge, Family Court, Darbhanga in Matrimonial Case No. 86 of 2009. The matrimonial case was filed seeking decree of restitution of conjugal rights by the respondent against the appellant-wife under Sec. 9 of the Hindu Marriage Act.

(3.) Upon service of summons the appellant sent her written statement by registered envelope which was opened in Court, a copy of which was served upon the respondent on 4.11.2009 on the same day and the matter was directed to be put up on 16.11.2009 for conciliation directing the parties to come in person on the date fixed. On 16.11.2009 the appellant entered appearance through lawyer by filing Vakalatnama. On the next date fixed on 18.12.2009 none of the parties had appeared and they filed their respective time petitions. On 22.1.2010 while the respondent appeared but the appellant again prayed for time which was allowed on payment of cost. Again on 17.2.2010 the appellant failed to appear and prayed for time which was again allowed on payment of cost. On 18.3.2010 the appellant was again absent and time petition was filed on the ground of illness of her child. Learned Principal Judge after recording that the case has been posted for reconciliation but in spite of several directions and adjournments the appellant was not appearing in Court in person, fixed the case for ex parte hearing.