ARUN TANDON,J.ABHAI KUMAR,J. - (1.) Heard Sri V.C. Dixit, learned counsel for the appellant - wife and Sri Vivek Verma, learned counsel for respondent - husband.
(2.) This first appeal under Section 19 of the Family Court Act, 1955 has been filed by the wife against the judgment and decree dated 3rd April, 1997 passed by the Judge, Family Court, Gorakhpur in Case No. 281 of 1995, whereby the application filed by the respondent -husband under Section 13 of the Hindu Marriage Act has been allowed ex parte, as also against the judgment and order dated 25 th January, 2002 passed by the Judge, Family Court, Gorakhpur in Misc. Case No. 16/74 of 2000, whereby the application filed by the appellant -wife for setting aside the ex parte decree as well as for condoning the delay in filing of the same, has been rejected.
(3.) The facts in short leading to the present appeal are as follows: The marriage between the appellant -Sri Devi and respondent Rajeendra Prasad Chaturvedi is stated to have taken place, according to the hindu rites and customs in the year 1970. Husband is stated to have filed an application under Section 13 of the Hindu Marriage Act, 1955 for a decree of divorce against the wife on the plea of physical and mental cruelty. The allegations made in the application by the husband may not be referred to by us, for the reasons as would be clear from what is being recorded here -under.;