NEERU SHARMA Vs. RAJ KUMAR SHARMA

JUDGEMENT

(1.) The present appeal is directed against order dated 26th April, 2005 passed by the learned Additional District Judge (Matrimonial Cases) Jammu, in application titled Neeru Sharma v. Raj Kumar Sharma and Anr. under Order 9 Rule 13 Code of Civil Procedure whereby learned District Judge has dismissed the application and declined to set aside ex parte judgment and decree. The facts relevant to disposal of the present Civil First Miscellaneous Appeal may be summarized, in the first instance.

(2.) The Respondent No. 1 married the Appellant on 19 September 1999 in accordance with the tenets of Hindu Law. The marital life of the parties was marred by disputes and differences right from the day first and forced the parties to part company and live separately. The Respondent No. 1 lives at village Patli Tarore Tehsil Samba district Jammu while the Appellant resides at village Prithipur Tehsil and district Jammu at her parental house.

(3.) The Respondent No. 1 on 14th March, 2001 filed a petition under Section 13 of the Hindu Marriage Act, 1980 and on the strength of the averments made in the petition sought a decree of divorce under the aforesaid provision dissolving the marriage of Respondent No. 1 and the Appellant. Learned trial Judge, after the petition was listed, directed issuance of notice to the Appellant. The notice was returned with a report that the Appellant had refused to receive the notice or copy of the petition that was appended to the notice. Learned trial judge recorded the statement of the Process Server and on 23rd May 2001 recorded his satisfaction that the Appellant/Respondent was aware of the proceedings and was not interested in contesting the petition. Learned trial Judge accordingly set the Appellant/Respondent ex parte on 23-5-2001; recorded statement of the Respondent No. 1 and his witnesses S/ Shri Ramji Das and Parveen Sharma on the next date of hearing i.e. 5th July, 2001 and closed the Respondent No. 1's evidence on the said date itself and proceeded to allow the petition in ex parte on 31-7-2001.