KANHAIYA LAL Vs. NAURATI

JUDGEMENT

(1.) BY this instant revision petition, the petitioner has assailed the order dated 7.12.2005 passed by the learned District Judge, Tonk, in Civil Misc. Application No. 124/2004 (Divorce Petition No. 12/2002) whereby the application filed by the respondent Smt. Naurati wife of Kanhaiya Lal, petitioner under Order 9 Rule 13 CPC has been allowed and the ex -parte order and decree dated 10.1.2003 has been set -aside. It is submitted by Mr. Goyal, the learned counsel for the petitioner that the petitioner and the respondent got married in the year 1989 and since then they were staying in their matrimonial house for more than nine years and without any reason, she left the house of her husband in the year 1996. The petitioner thereafter, filed the said divorce petition on 5.02.2002. It is claimed by the petitioner that despite service of notice having been properly and duly served upon her on 3.3.2002 she did not appear and ex -parte order was passed against her on 10.1.2003. The petitioner examined himself, in support of his case and ultimately on 10.1.2003 ex -parte decree for divorce as aforesaid was passed against the respondent wife. The respondent wife, on 9.8.2004 moved an application under Order 9 Rule 13 CPC for setting aside the ex -parte decree on the ground that notice of divorce petition was never served upon her. The claim of the respondent wife was accepted by the trial Court and the ex -parte decree was set -aside. It is this order dated 10.1.2003 which is challenged by the husband petitioner in this instant revision petition. The counsel for the petitioner submits that the application was under Order 9 Rule 13 CPC and was filed beyond 30 days and was not in limitation. Hence, he submits that the trial Court was not justified in coming to the conclusion and setting aside the ex -parte decree and order passed on 10.1.2003 and accordingly prays for reversal of the said order.

(2.) DESPITE notice none appears on behalf of the respondent.

(3.) BE that as it may, it is a case relating to a matrimonial dispute between a husband and a wife and in my view, in such matters the court should take a liberal approach and decide the lis on merits rather than technicalities and hence the trial Court has rightly set -aside the ex -parte decree and order.