SURENDRA KUMAR Vs. KIRAN DEVI

JUDGEMENT

(1.) The petitioner-husband has filed this revision petition u/S. 115, C.P.C. against the order dated 8-12-1995 passed by Shri Badrilal Meena, Addl. Dist. Judge, Raisingh Nagar in Civil Misc. Case No. 44/ 93 by which the application of the respondent under Order 9, Rule 13, C.P.C. was allowed and the ex parte decree of divorce in favour of the petitioner was set aside.

(2.) The petitioner-husband filed a petition for annulment of marriage u/S. 13 of the Hindu Marriage Act (for short 'the Act') against the respondent on 5-9-1992 on the ground of cruelty etc. According to the petitioner, at the time of filing the petition, the wife was mentally ill and was admitted in Govt. Mental Hospital, Jaipur and undergoing treatment for schizophrenia. The service of the notice of the non-petitioner was effected on her mother and since she did not put in appearance on behalf of the non petitioner, an ex parte decree of divorce was passed by the court in favour of the petitioner on 11-8-1992. The non-petitioner then filed an application under Order 9, Rule 13, C.P.C.before the learned Distt. Judge who by the impugned order set aside the decree.

(3.) I have heard learned Counsel for the petitioner and the non-petitioner.