BHANSALI,J. - (1.) This appeal under Section 19 of the Family Courts Act, 1984 ('Act of 1984') is directed against order dated 27.02.2019 passed by the Family Court No. 2, Jodhpur, whereby, application filed by respondent under Section IX, Rule 13 CPC read with Section 151 CPC has been allowed and ex parte judgment and decree dated 13.05.2015 passed by the said Court has been set aside.
(2.) The appellant filed petition on 26.09.2012 under Section 13 of the Hindu Marriage Act, 1955 ('Act of 1955') seeking dissolution of marriage with the respondent on the ground of cruelty. When despite substituted service under Order V, Rule 20 CPC by publication of notice in the newspaper the respondent-wife did not appear, the Family Court by order dated 28.10.2014, ordered to proceed with the matter ex parte.
(3.) On behalf of the appellant two witnesses were examined. Whereafter, the Family Court by its judgment and decree dated 13.05.2015 came to the conclusion that the respondent was guilty of cruelty, found the ground for dissolution of marriage proved and consequently, ordered for dissolution of marriage.;