DULARI DEVI Vs. DILIP PODDAR

JUDGEMENT

(1.) The instant misc. appeal has been preferred by the appellant Dulari Devi for assailing the order dtd. 19/2/2020 passed by the learned Judge, Family Court, Churu in Misc. Case No. 131/2018, whereby the application preferred by the appellant under Order 9 Rule 13 read with Sec. 151 C.P.C. was dismissed.

(2.) We have heard and considered the submissions advanced by the counsel representing the appellant and have gone through the impugned order.

(3.) The respondent filed an application under Sec. 13 of the Hindu Marriage Act on 4/4/2018. Notice of the application was served on the appellant, who failed to appear despite service of notice, whereupon the learned Family Court proceeded to accept the application preferred by the respondent husband and passed an ex-parte decree dtd. 17/7/2018 directing dissolution of marriage of the appellant and the respondent. The appellant filed the application under Order 9 Rule 13 read with Sec. 151 C.P.C. alleging that as a matter of fact, the notice of the application was never served on her. She was made to sign the summon by keeping her in dark. The respondent fraudulently got her to sign an agreement dtd. 28/2/2018. The appellant went back to matrimonial home at Churu on 14/9/2018. She was not allowed to enter and was given the shocking information regarding the decree of divorce. Immediately on receiving information regarding the fraudulently procured divorce decree, the appellant moved the application under Order 9 Rule 13 read with Sec. 151 C.P.C. for setting aside of the divorce decree, which has been rejected by the impugned order.