JYOTI DEVI Vs. LD. MUNSIFF

JUDGEMENT

(1.) Brief question raised in this petition under section 104 of the Jammu and Kashmir Constitution (for short the State Constitution) read with Article 227 of the Constitution of India is :

(2.) Facts, briefly stated, leading to this petition are that petitioner Jyoti Devi has filed a petition under Section 13(2) of Hindu Marriage Act against her husband, respondent Des Raj, in the Court of learned Munsif, Basohli. This petition was filed on 29-05-2012. Respondent appeared before the learned trial Court on 6-7-2012. He appeared on some more dates of hearing but was set ex parte on 13-2-2013. The learned trial court recorded petitioner's evidence ex parte, closed her evidence on 31-10-2013 and listed the case for final arguments. Final arguments were heard in part on 31-12-2013, concluded on 18-1-2014 and the judgment was reserved for 17-2-2014. However, it appears immediately after the conclusion of the arguments and reserving the judgment on 18-1-2014, an Advocate, Shri S. K. Abrol, appeared on behalf of the respondent and filed an application for setting aside the ex parte proceedings against the respondent.

(3.) Petitioner filed objections to this application on 13-3-2014. On 29-3-2014, learned trial Court allowed the application subject to payment of Rs. 5,000/- as costs and adjourned the case to 17-4-2014. Learned trial Court, seems to have taken up, the case on 18-4-2014, when respondent's counsel moved an application for waiver of costs imposed on 29-3-2014.