TEJASHWARI LAL Vs. PANCHAM LAL

JUDGEMENT

(1.) WIFE-APPELLANT aggrieved by the order dated 24th of September, 1994 passed by the Principal Judge, Family Court, patna, in Misc. Case No. 90 of 1991 refusing to set aside the ex parte decree, has preferred this appeal before this Court.

(2.) HUSBAND-RESPONDENT No. 1 filed application on 9th April, 1990 for dissolution of marriage by a decree of divorce alleging cruelty. Wife appeared in the suit on 15th of May, 1990 and prayed for time to file written statement. The matrimonial suit came on transfer to the Court of Additional District Judge-VII. She did not file the written statement and on 16th of June, 1990 she filed application for time for filing the written statement. The Court acceded to her prayer and granted time to file written statement by 3rd of July, 1990. However, she did not file the written statement, as directed, and again on 3rd of July, 1990 prayed for time to the written statement. Said prayer was granted and she was allowed time to file written statement by 25th July, 1990. On the adjourned date instead of filing the written statement, wife filed petition under section 24 of the Hindu Marriage Act claiming maintenance pendente lite and cost of litigation. Thereafter, on 13-8-1990 the matrimonial suit came on transfer to the Court of Additional District Judge-XIV and on 16th august 1990, the wife filed time petition and the Court directed her to file the written statement by 30th of August, 1990. In between 16-8-1990 to 9-11-1991 the matrimonial suit was adjourned on several dates. On these dates, attempts were made for reconciliation but ultimately it failed on 19-9-1990. By order dated 9-11-1990, the application filed by the wife for payment of cost of litigation of Rs. 3,000/- was allowed but her prayer for grant of maintenance pendente lite was rejected. Husband filed application seeking direction to the wife to collect the cost of litigation but having failed to collect the same he deposited the said amount by Challan on 23rd November, 1990. On 23rd November, 1990 wife did not appear and the case was adjourned to 30th of november, 1990. On 30th of November, 1990 wife again appeared and prayed for time to file written statement which prayer was declined. Thereafter, the case was fixed on 14-12-1990, 21-12-1990, 4-1-1991 and 8-1-1991 and 15-1-1991, and on these dates wife did not appear but filed time petitions. Thereafter, the next date fixed in the case are 30th of January, 1991, 15th February, 1991 and 22nd February, 1991 and on all these dates she did not appear at all. On 5-3-1991 husband was examined in part and the case was adjourned to 6-3-1991. On 6-3-1991 and 7-3-1991 time petitions were filed on behalf of the wife but the husband was examined in part on 7-3-1991. Again on 8-3-1991, 11-3-1991, 12-3-1991, 13-3-1991, 14-3-1991, 15-3-1991, 16-3-1991, 21-3-1991, 22-3-1991, 23-3-1991 and 25-3-1991 defendant filed time petitions but on those dates husband and his witnesses were examined and discharged.

(3.) ON 1-4-1991 the wife filed the written statement along with a petition to accept the same. P. W. 6 who was examined in part on 25-3-1991 was examined and discharged on the said date. On the next date i. e. 2-4-1991 wife filed application for recalling the order of ex parte hearing. Thereafter the case was transferred to Additional District Judge-VIII and then to the Court of Additional District judge-IV.