UDAIVEER SINGH Vs. KUSUM SINGH

JUDGEMENT

(1.) This revision petition under Sec. 115 CPC has been filed by the petitioner-non-applicant-husband (hereinafter 'the husband') against the order dtd. 1/12/2018 in Misc. Case No.12/2018 (CIS No.9/2018) passed by Additional District Judge Laxmangarh, District Sikar allowing application under Order 9 Rule 13 CPC and set aside the ex-parte divorce decree dtd. 14/2/2017 in Case No.278/2016, in favour of the respondent-applicant- wife (hereinafter 'the wife') in a case where ex-parte decree of divorce was granted in favour of husband and against the wife.

(2.) Heard learned counsel for the parties, and perused the impugned order dtd. 1/12/2018 passed by the trial court.

(3.) Facts of the case are that the husband filed a divorce petition on 24-9- 2016 for dissolution of marriage with the applicant wife performed on 11- 3-2011 claiming that from their wedlock a son Ujjwal chaudhary was born and due to disputes between husband and wife, on 3/4/2013 the wife left matrimonial home and did not return thereafter. Therefore, he filed divorce petition inter alia alleging therein about several misbehaviour of the wife. The court on 2/1/2017 ordered for ex-parte proceedings against the wife on the ground that on 24/7/2016 notices were sent to wife through registered AD, and on filing Talvana on 19/12/2016, she was ordered to be present in court, and when she did not remain present in court, on 2-1- 2017 exparte proceedings were ordered. Ultimately the divorce decree was passed on 14/2/2017.