LAXMI DEVI Vs. AMARNATH DUBEY

JUDGEMENT

(1.) THE husband of the appellant presented a petition for divorce on 11th March, 1987. In the petition, divorce was sought on three grounds, namely, adultery, cruelty and desertion. After service of summons, appellant did not enter appearance. The suit was accordingly fixed fa ex parte hearing. At that stage, appellant appeared and applied for recalling of the order directing ex parte hearing. At the instance of the appellant, the order fa ex parte hearing was recalled and thereupon appellant filed a written statement denying the material allegations contained in the plaint. Subsequent thereto it does not appear that the appellant contested the suit. The suit was decreed ultimately ex parte.

(2.) THE appellant did not apply for setting aside of the ex parte decree instead preferred a First Appeal. The First Appeal was heard ex parte when no one appeared on behalf of the husband respondent. A learned Single Judge of this Court while dealing with the First Appeal felt that the adultery by the appellant had been condoned by the respondent. The learned Judge, however, felt that there is nothing to show that either cruelty or desertion had been condoned. Accordingly, the learned Judge refused to interfere with the judgment and decree of the trial court.

(3.) IT was also contended that the one and the only instance of cruelty was adoption of violent attitude followed by assault when the respondent protested going of the appellant with Md. Akhtar to cinema before the couple had shifted their residence to Mohalla Chandbad, and accordingly that incident of cruelty also stands condoned.