RAJNI PACHORI Vs. KAMLESH PACHORI

JUDGEMENT

(1.) IN a hot -haste manner the impugned judgment and decree for divorce was obtained by the respondent/husband on 15 -4 -86 in Civil Suit No. 68 -A of 86 passed by the IV Additional Judge to the Court of District Judge Jabalpur, against his wife/appellant. The manner in which the decree was obtained is shrouded with lot of doubts.

(2.) APART from doubts, the legality of the divorce decree is to be tested in the light of the provisions of Order 15 C. P. C. and Section 23 (2) of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act' i.e., if parties are not at issue, whether the Court in such circumstances without examining the plaintiff or the defendant, as the case may be, can pass the decree ? and secondly, whether under the provisions of Section 23 (2) of the Act, which are mandatory, without adhering it, decree can be passed in matrimonial suit ?

(3.) A petition for divorce under Section 13 of the Act was filed on 18 -3 -86 by the husband/respondent against the wife/appellant on the ground of adultery by alleging that soon after the marriage the wife Smt. Rajni Pachori left the matrimonial home and started living with her parents and indulged in adulterous activities, with the result, she begot a child through her paramour.