ANITA Vs. ISHWAR SINGH

JUDGEMENT

(1.) The present appeal has been filed by the appellant under Order XLIII Rule 1 (D) CPC against the order dated 22.3.2006 passed by learned District Judge, Alwar (hereinafter referred to as 'the Trial Court') in misc. application no. 112/2003 whereby the learned Trial Court has dismissed the application of the appellant filed under Order IX Rule 13 read with Section 151 CPC.

(2.) The short facts giving rise to the present appeal are that the appellant had married the respondent on 17.2.2001 in village Mahilabas, Tehsil & District Rewari (Haryana). However, subsequently some disputes having arisen, the respondent filed an application under Section 13 of the Hindu Marriage Act seeking divorce against her on the ground of cruelty. The said application was registered as Civil Misc. Application No. 119/2003. The notice of the said application having been served, appellant had engaged two advocates on her behalf. However, neither the advocates nor the appellant herself remained present before the Trial Court in the said divorce proceedings and, therefore, the Trial Court allowed the application of the respondent and passed the exparte decree against the appellant on 10.8.2004. The appellant thereafter submitted an application under Order IX Rule 13 read with Sec. 151 CPC for setting aside the exparte divorce decree passed against her. The said application has been rejected by the Trial Court vide the impugned order dated 22.3.2006, against which the appellant has filed the present appeal.

(3.) It has been sought to be submitted by the learned counsel for the appellant that the concerned counsels appearing for the appellant in the divorce proceedings, did not inform her about the dates of hearing, which resulted into passing of the exparte decree of divorce against her. According to him, there being sufficient cause for the appellant for not remaining present in the divorce proceedings, the exparte decree was required to be set aside.