DURGA DEVI Vs. RAJENDRA SINGH

JUDGEMENT

(1.) THIS miscellaneous appeal presented under Order 43 Rule (d) of the Code of Civil Procedure (for short, 'the Code') is directed against the order dated 10 -8 -90 rendered by I Additional Judge to the Court of District Judge, Indore in Civil Misc. Case No. 10/86 thereby dismissing the application of the applicant under Order 9 Rule 13 and Section 15 of the Code.

(2.) BRIEFLY stated, the facts of the case are that NA/husband instituted the petition under Section 13 of the Hindu Marriage Act for dissolution of marriage by decree of divorce. This case was registered as Hindu Marriage Case No. 223/84. On 1 -5 -85, the case was listed for making an endeavour to bring about re -conciliation between the parties. It appears that the applicant did not remain present on 1 -5 -85 and as such the case was postponed to 2 -5 -85 for the purpose of presentation of the written statement as was the date fixed earlier. On 2 -5 -1985, the applicant remained absent as a result of which the order was passed that the case shall be heard ex -parte against the applicant. On 3 -5 -1985 an ex -parte decree dissolving the marriage was passed. The applicant contended that she was prevented by sufficient cause from appearing in the case on 2 -5 -85 when it was called on for hearing.

(3.) I have heard Shri Shastri learned Counsel for the appellant and Shri V.K. Pathan learned Counsel for respondent. I have perused the record.