HARJEET SINGH Vs. TARNJEET KOUR

JUDGEMENT

(1.) Revision is admitted for hearing. With consent of the learned counsel for the parties, the matter is heard finally.

(2.) In this revision, the petitioner has assailed the validity of the order dated 12.08.2016 passed by the Trial Court by which application preferred by the respondent under Order 9, Rule 13 of the CPC has been allowed.

(3.) Facts leading to filing of this revision briefly stated are that the petitioner filed a petition under Section 13 of the J and K Hindu Marriage Act seeking dissolution of marriage. Thereupon, the respondent filed an application before this Court for transfer of the aforesaid proceeding to Samba. This court with the consent of the parties transferred the proceeding to the Court of Principal District Judge, Jammu by an order dated 11.10.2011. The aforesaid order was passed in the presence of the counsel for the parties and the parties were directed to appear before the Principal District Judge, Jammu on 20.10.2011. The petition was thereafter assigned by the Principal District Judge, Jammu to the Matrimonial Court at Jammu. The respondent was proceeded ex parte on 09.07.2012 and eventually on 24.12.2012, an ex parte decree was passed. The petitioner submitted an intimation to the army authorities about the dissolution of his marriage. The army authorities by an communication dated 15.07.2014 informed the respondent about the decree of dissolution of marriage. Thereafter, the respondent filed an application for extension of time for filing the application for setting aside the ex parte decree belatedly. The trial Court vide impugned order has allowed the application.