OM PRAKASH Vs. BABLI

JUDGEMENT

(1.) This appeal by the husband Rajesh Kumar is directed against the judgment and decree dated 5.1.1998 of the Judge, Family Court, Jaipur whereby he accepted the petition under Section 13 of the Hindu Marriage Act, 1955 of the wife Smt. Mamta now respondent and allowed her an ex-parte decree of divorce dissolving the marriage of the spouses.

(2.) The facts are that the wife filed the petition aforesaid under Section 13 of the Act against the husband for a decree of divorce on the ground of cruelty stating that after they were wedded on 16.5.1992 they had cohabited for a period during which her husband and her in-laws used to beat and maltreat her so much so that she was denied food and medicine when indisposed till she was ultimately booted out from the matrimonial home by the husband on 28.6.1995. Adding that her sister who was likewise married with a brother of her husband had suffered an identical fate.

(3.) To begin with the husband appeared and contested the petition as well as the application under Section 24 of the Act filed by the wife together with the divorce petition. In the said application under Section 24 of the Act the wife was allowed maintenance pendente lite at the rate of Rs. 500/- per month from the husband. This maintenance pendente lite was not paid by the husband though he was afforded opportunities for the purpose. For this non-payment the husband's defence was struck off by the Judge, Family Court on 22.10.1997 when the case was adjourned on the wife's evidence to 5.1.1998. On that day (5.1.1998) the wife was ready with her evidence but the husband chose not to appear and instead submitted an application through his brother Gopal seeking an adjournment on the plea that he the husband could not himself appear for he was sick on that day. His application was turned down by the trial Judge and consequently he was proceeded against exparte. The wife examined herself as her solitary witness. After hearing her the trial Judge granted her ex parte decree of divorce as afore noticed.