SMT. SUNITA Vs. MUKESH PANCHARIYA

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) The appellant and the respondent were married on 27.06.2010. The respondent sued for dissolution of the marriage on the ground of cruelty. The appellant could not be served and ultimately was served by affixation. Decree of divorce was granted on 27.10.2015. The appellant filed an application under Order 9, Rule 13 of the Code of Civil Procedure on 29.06.2017. In the application she admitted that she learnt about the ex-parte decree of divorce in the month of February, 2017 and applied for a certified copy of the same on 14.02017. Certified copy was issued by the copying agency on

(3.) Dismissing application filed by the appellant under Order 9, Rule 13 of the CPC the learned Judge, Family Court has not adverted to whether service upon the appellant by affixation was justified or not. The learned Judge has noted case law on the point that where a party has solemnized a second marriage, issue concerning ex-parte decree has to be decided keeping in view the interest of the second wife. The learned Judge has noted the decision of the Supreme Court for the proposition that in proceedings before Courts, the Courts have to take conscious cognizance of the events and subsequent developments.