BHANWAR KANWAR Vs. GOVIND SINGH

JUDGEMENT

(1.) THE present appeal filed under Order XLIII Rule 1(d) of CPC arises out of the order dt. 30.04.2007 passed by the District Judge, Sikar (hereinafter referred to as "the Court below") in Civil Misc. Application No. 13/2005, whereby the Court below has dismissed the application of the appellant -non applicant filed under Order IX Rule 13 for setting aside the ex -parte judgment & decree dt. 20.11.2004 passed in civil misc. application No. 96/03, granting decree of divorce to the respondent -applicant under Sec. 13 of the Hindu Marriage Act. It appears that the marriage of the appellant was solemnized with the respondent at village Kankaria, Tehsil Nawa, District Naguar. After sometime of the marriage, the respondent filed an application being No. 96/03 under Sec. 13 of the Hindu Marriage Act, 1955 before the Court below seeking a decree of divorce. In the said application, the appellant was though duly served, did not appear before the Court below, and therefore an ex -parte decree dt. 20.11.2004 came to be passed by the Court below, granting the decree of divorce under Sec. 13 of the Hindu Marriage Act. The appellant, therefore, filed an application under Order IX Rule 13 before the Court below for setting aside the said decree by filing the application being No. 13/2005. However, the said application was also dismissed by the Court below vide the order dt. 30.04.2007. Being aggrieved by the said order, the appellant has preferred the present appeal.

(2.) IT has been sought to be submitted by the learned counsel Ajay Gupta for the appellant that the appellant is a very poor lady and she was not aware about the legal proceedings pending before the Court below. According to the learned counsel for the appellant, the respondent had sought the decree of divorce by making false allegations against the appellant. He has further submitted that the decree of divorce passed by the Court below deserves to be set -aside in the interest of Justice. The learned counsel Mr. Ripu Daman Singh Naruka for the respondent, however submitted that the respondent has already remarried and has also two children out of the said marriage. He also submitted that the appellant having been properly served with the summons in the divorce petition proceedings, the application under Sec. IX Rule 13 was rightly dismissed by the Court below.