- (1.) The appellant has preferred this appeal against order dated 17.2.1998 vide which her application for setting aside exparte decree dated 13.8.1994 was dismissed by the learned Additional District Judge, Patiala. It was a decree of divorce, passed on 18.8.1994, in a petition under Section 13 of the Hindu Marriage Act, filed against her by her husband, Bakhshish Singh. The later expired on 15.9.1994.
(2.) Case of the appellant before the trial court was that she acquired knowledge of the (ex parte), decree for the first time, on 24.10.1994, from the officials in the office of Chief Engineer, Thermal Punjab State Electricity Board, Patiala, when she went there for the release of her husband's (ex-employee of PSEB) gratuity/general provident fund and pension etc. And, on coming to know of it, she filed an application for the setting aside thereof, on 27.10.1994. Her further case was that on getting information about her husband's death from her father's friend, she accompanied by her father, had attended her husband's cremation on 16.9.1994 and Bhog ceremony on 25.9.1994. But, at that time also, none told them about the decree of divorce.
(3.) The sole respondent impleaded in the application for setting aside ex parte decree was Smt. Mukand Kaur (mother), the only legal representative of the deceased husband, and the decree was sought to be set aside on the ground that the appellant was never served in the divorce petition, either through ordinary process, by post, or by any other means.;