L.N.Mittal - (1.) WARYAM Singh has filed this revision petition under Article 227 of the Constitution of India impugning order dated 1.12.2010, Annexure P/1, passed by learned Additional District Judge, Patiala thereby allowing application Annexure P/4 filed by respondent Rajwant Kaur for setting aside ex parte judgment and decree of divorce dated 30.7.2007 (Annexure P/3) as well as order dated 19.1.2007 (Annexure P/2) whereby she was proceeded against ex parte in the divorce petition.
(2.) IT is undisputed that marriage between the parties was solemnized on 16.4.2005. Petitioner husband filed divorce petition against respondent - wife on 18.9.2006. Respondent -wife was proceeded against ex parte in the divorce petition vide order dated 19.1.2007, Annexure P/2 and the said divorce petition was then decreed vide ex parte judgment and decree dated 30.7.2007, Annexure P/3. Respondent in her application alleged that she is resident of village Shamdoo, Tehsil Rajpura, District Patiala but her address in the divorce petition was mentioned to be of Dera Gurdwara Village Bhagal, Tehsil Cheeka, District Kaithal, Haryana and thus, she was not served in the divorce petition and was wrongly proceeded against ex parte. On coming to know of the ex parte judgment and decree on 18.9.2008 when the petitioner filed reply to petition under section 125 of the Code of Criminal Procedure (in short, Cr.P.C.) which was instituted by respondent, she filed application Annexure P/4 for setting aside the same. Petitioner husband by filing reply Annexure P/5 repudiated the averments of the respondent. It was inter alia alleged that both addresses of respondent i.e. of village Shamdoo as well as of village Bhagal were mentioned in the divorce petition. It was alleged that the respondent was duly served in the divorce petition but she intentionally did not appear. Various other pleas were also raised.
(3.) LEARNED trial court vide impugned order Annexure P/1 allowed the application of respondent and set aside the order dated 19.1.2007, Annexure P/2 as well as ex parte judgment and decree of divorce dated 30.7.2007, Annexure P/3. Feeling aggrieved, husband has filed this revision petition.;