MEDHA GAURAV TALEKAR Vs. GAURAV KALURAM TALEKAR

JUDGEMENT

(1.) This Appeal challenges the ex-parte judgment and order passed on 12.7.2001 by the Family Court No.2, Pune, granting the decree of divorce to the Respondent (husband) under the provisions of Section 13(1)(ia) of the Hindu Marriage Act.

(2.) The parties were marred on 13.5.1999 according to Hindu vedic rites. It was alleged by the Respondent in the Petition filed in the Family Court that the Appellant (wife) left the matrimonial home and went to reside with her maternal uncle from 22.5.1999. The parties never lived together since then. After the Petition came to be filed for divorce, writ of summons was served upon the Respondent (wife) by Registered Post. It has been received by her on 3.10.2000. She did not appear in Court at any time and did not file her Written Statement . The averment s made in the Petition remained uncontroverted. The Petitioner has been granted a decree of divorce upon such uncontroverted averments.

(3.) It is the case of the Appellant (wife) that, in fact, after filing of the divorce Petition, the parties co-habited together and she has also given birth to a child during the pendency of the Petition. She was informed by the Respondent (husband) that he would not pursue the Petition and hence, she never attended the Court. In those circumstances, the decree, if any, obtained by the Respondent (husband) would be taken to be obtained by fraud and that would leave to her the only remedy of filing a Suit for setting aside that decree, which was fraudulently obtained.