KULDIP KUMAR LAL Vs. SUMAN RANI

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) The petitioner-husband has preferred this Civil Revision Petition under Section 115 of the Code of Civil Procedure against the impugned order dated 21.1.2011 passed by District Judge, Alwar in Civil Misc.Case No.41/13/10 whereby the learned Court below by allowing an application under Order 9 Rule 13 CPC filed by the nonpetitioner-wife has set aside the exparte decree dated 27.8.2009 passed in Matrimonail Case No.29/2008.

(3.) Brief relevant facts for the disposal of this petition are that the petitioner filed a petition under Section 13 of the Hindu Marriage Act (hereinafter to be referred as the Act ) against his wife-non-petitioner with a prayer to dissolve the marriage between the parties said to be solemnised on 13.12.2006 on various grounds. That petition was registered as Matrimonial Case No.29/2008 and in compliance of the notice issued, non-petitioner appeared before the Court below through her counsel and also filed reply to the petition. Subsequently, she and her counsel failed to appear and, therefore, on 29.5.2009 an order was passed to proceed exparte against the non-petitioner and thereafter evidence of the petitioner was recorded and ultimately on 27.8.2009 an exparte judgment and decree for divorce was passed dissolving the marriage between the parties. With a prayer to set aside the exparte decree dated 27.8.2009, the non-petitioner-wife filed an application under Order 9 Rule 13 CPC alongwith an application under Section 5 of the Limitation Act to which the petitioner filed his reply and the learned Court below vide impugned order dated 21.1.2011 by allowing the same set aside the exparte decree. Feeling aggrieved, the petitionerhusband is before this Court by way of this civil revision petition.