GARIMA CHOKHANI Vs. SANJEEV CHOKHANI

JUDGEMENT

(1.) Head learned counsel for the appellant and the respondent, who has appeared in person. It may be stated that we were informed that the proceeding of mediation between the parties was going one in a matter, pending between the parties in the Court below. We awaited the result of the mediation and the report of the Mediator has since been received, which shows that the efforts of mediation between the parties have failed.

(2.) The appellant wife is aggrieved by the ex-parte Judgment and Decree dated 21st of June, 2016, in Original Suit (M.T.S.) No. 518 of 2015, passed by the learned Principal Judge, Family Court, Ranchi, whereby in an ex-parte proceeding, the suit, filed by the petitioner respondent in the Court below for dissolution of the marriage between the parties by a decree of divorce, under Sec. 13 of the Hindu Marriage Act was decreed in part, by an ex-parte decree of judicial separation.

(3.) Some facts need to be stated from the Lower Court Record. The suit was filed on 26.11.2015 and the same was admitted on 27.11.2015 and notice was ordered to issue. On 8.2.2016, the service of notice upon the appellant wife was found to be sufficient and the matter was fixed for 5.2016, as the appellant had not appeared in the Court below. On 5.2016 the matter was fixed ex-parte, as the appellant did not appear in the Court below. Thereafter on 2.6.2016, two witnesses were examined on behalf of the petitioner respondent in the Court below and the case was fixed for arguments on 20.6.2016. However, there is no order of 20.6.2016 on record, and on 21.6.2016, it is stated that the case was fixed for Judgment and the Judgment was delivered. Thus, it is apparent from the Lower Court Record that there is no order fixing the case for Judgment.