GURPREET SINGH Vs. SEEMA KAUR

JUDGEMENT

(1.) The instant appeal has been preferred by the appellant-husband Gurpreet Singh under Sec. 19 of the Family Courts Act, 1984 (afterwards referred as 'the Act of 1984') against the order dtd. 4/4/2019 passed by Family Court, Hanumangarh (afterwards referred to as 'Family Court') in Misc. Civil Case No. 54/2016, whereby, the application filed by the respondent-Seema Kaur under Order IX, Rule 13 CPC, for setting aside the ex parte decree dtd. 2/9/2015, was accepted.

(2.) Brief facts of the case are that the appellant-husband filed an application under Sec. 13 of the Hindu Marriage Act, 1955 against his wife respondent-Smt. Seema Kaur on the ground of cruelty and desertion before the Family Court on 23/7/2013. After service of notice, respondent Seema Kaur made her appearance on 26/9/2014 and sought time to file reply. On 23/4/2015 the case was transferred from Family Court to the District Court, Hanumangarh. On 27/8/2015 as the respondent was not present, District Judge ordered to proceed ex parte against the respondent. On 26/9/2014 respondent filed an application before the Family Court to provide legal aid to her since she is unable to defend her case without the help of an Advocate. No order was passed on the said application and ignoring the application the Family Court proceeded ex parte against the respondent.

(3.) On the next date i.e. 2/9/2015 three witnesses, from the appellant's side, were examined and on the same day ex parte decree of divorce was passed against the respondent-wife.