SANDEEP KOUR Vs. BAJINDER SINGH

JUDGEMENT

(1.) CHALLENGE in this Civil Revision, is to the order of learned 1st Additional District Judge, Srinagar dated 11 -7 -2009 in divorce petition under Hindu Marriage Act titled Bajinder Singh v. Sandeep Kour File No. 5/Numbri, whereby the learned trial Judge has "struck out the defence" of the respondent/non -applicant.

(2.) IT appears that the aforesaid divorce petition was assigned to the learned 1st Additional District Judge, Srinagar on 27 -5 -2008. The non applicant respondent herein caused appearance through her counsel before the Trial Court on 21 -6 -2008. The non -applicant did not file objections on the date fixed for filing objections i.e. 23 -7 -2008, absented herself from the proceedings, and was set ex parte. The applicant -petitioner examined one witness in ex parte on 10 -2 -2008. The non -applicant, thereafter, filed an application for setting aside ex parte proceedings. The application was allowed on 6 -7 -2009, subject to the payment of costs. The operative part of the order reads as under:

(3.) THE aforesaid order "striking out defence" and the Order dated 14 -9 -2009, rejecting application for review of the aforesaid order, are assailed inter alia on the grounds that the impugned orders were working harshly against the respondent and tantamounts to allowing the suit, without affording the non -applicant respondent adequate opportunity to meet applicant petitioner's case. It is pleaded that the absence of the non applicant on 11 -7 -2009 before the Trial Court was not deliberate or willful; and that the respondent aggrieved of frequent listing of petition, had filed an application for transfer of the case from the files of 1st Additional District Judge, Srinagar to any other court of competent jurisdiction; that the transfer application was dismissed, where -after the applicant appeared in the trial court and sought setting aside of ex parte proceedings. It is pleaded that on 11 -7 -2009, the applicant was not in a position to attend the court because of law and order problem in her home town -Baramulla and also because the public transport was off the roads due to bandh/strike.