GOVERDHAN BARDHAR,J. - (1.) The instant civil misc. appeal has been filed by the appellant under section 28 of the Hindu Marriage Act, 1955 against the judgment and decree dated 02.08.2010 whereby the application filed by the respondent/wife under section 13 of the Hindu Marriage Act allowed and decree of divorce has been granted.
(2.) Briefly stated facts of the case are that on 17.07.2009, an application under section 13 of the Hindu Marriage Act, 1955 (hereinafter referred as Act) was filed by the respondent/wife, before the learned trial court for getting the decree of divorce, on the ground that earlier a decree for judicial separation was passed by the court on 16.07.2008 and thereafter no resumption of cohabitation between the parties for one year, hence it was prayed by the respondent wife that decree of divorce may be passed in favour of the wife.
(3.) In pursuance of above application notices were issued to the appellant and thereafter a reply to the application was filed on behalf of him. Thereafter issues were framed on 01.02.2010 and case was fixed for the evidences of the applicant/wife and applicants evidences were completed on 29.03.2010 and case was fixed for the evidences of the appellant on 12.05.2010 and 13.05.2010. On 12.05.2010 and 13.05.2010, evidences of the appellant were not present, hence evidence of the appellant were closed by the court vide order dated 13.05.2010 and case was fixed for final arguments on 05.07.2010. On 17.07.2010, arguments were heard and matter was fixed for judgment on 02.08.2010 and vide judgment and decree dated 02.08.2010, the application of the respondent/wife was allowed and decree of divorce has been granted.;