VIJAY KUMAR VERMA Vs. MADHURIVERMA ALIAS PUSPA VERMA

JUDGEMENT

(1.) THIS appeal under clause 10 of the Letters Patent is directed against the judgment and order dated 21-4-Against Order of single Judge of Patna High court dated 21-4-1992, reported in 1992 (2) Pat LJR 174. 1992 passed in First Appeal No. 89 of 1987 (R) whereby the learned single Judge set aside the judgment and decree dated 30-9-1986 passed by the 4th Addl. Judicial Commissioner, Ranchi in Matrimonial Suit No. 12 of 1986.

(2.) THE facts of the case lie in a narrow compass: the plaintiff-appellant filed aforementioned Matrimonial Suit No. 12 of 1986 against the respondent-wife under Section 13 of the Hindu Marriage Act for a decree of divorce. The plaintiffs case was that he and the respondent was married at Gaya in May, 1984 according to Hindu rites and customs. After the marriage, the respondent came to ranchi at her husband's place and stayed there for some days and went back to her father's place. In 1985, a child was born at gaya. Respondent again came to her husband's place in 1985 and left for Gaya in 1986. Since then she is residing at Gaya and another child was born in 1986. The plaintiffs case was that the respondent has been suffering intermittingly from mental disorder and it was not reasonable to live with the respondent. Various other allegations were made by the plaintiff-appellant. The defendant-respondent appeared in the suit through lawyer and obtained adjournment for filing written statement, but no written statement was filed and, thereafter, the suit was fixed for ex parte hearing. Consequently, the suit was finally decreed ex parte on 30-9-1986,

(3.) THE respondent-wife preferred appeal against the impugned ex parte deeree being first Appeal No. 89 of lis7. The appeal was finally heard by the learned Single Judge who in terms of judgment and order dated 21st april, 1992 allowed the appeal and set aside the decree of divorce. The case was remanded back for fresh trial. Against the aforesaid judgment passed by the learned single Judge, the instant Letters Patent Appeal has been filed.