GULAB CHAND JAIN Vs. MANORAMA JAIN

JUDGEMENT

(1.) This appeal under Sec. 28 of the Hindu Marriage Act is filed by the husband whose suit for dissolution of marriage has been dismissed by the Trial Court while proceeding ex parte.

(2.) The facts leading to this appeal are that : the appellant had filed a petition under Sections 13 (1) and 13-A of the Hindu Marriage Act for dissolution of Maarriage by a decree of divorce. After receiving the writ of summons the respondent-wife had filed an application under Sec. 24 of the Hindu Marriage Act for grant of maintenance pendente lite. The order-sheet of the the trial court dated 13-4-1987 reveals that the case was fixed for 18-6-1987 for recording evidence on the question of grant of maintenance. However, on 18-6-1987 the appellant remained absent and the case was adjourned to 22-6-1987. On this date too, the appellant remained absent and the counsel of the appellant filed an application under Order 17 Rule 1, Civil Procedure Code explaining the appellant's non-appearance on 18-6-1987. Alongwith the application a letter dated 12-6-87 was also annexed which was sent by the appellant to his counsel Sri Ramesh Kumar Kasar, Advocate, Kankelipura, Raipur wherein it was stated that owing to his indisposition, the appellant would not be attending the Court hearing on 18 6-1987 and adjournment may be taken for a date in the month of July. 1987.

(3.) On 22-6-1987, when the case was taken up only explanation relating to non-appearance on the earlier date i. e. on 18-6-1987 was furnished and no explanation whatsoever was furnished relating to non-appearance on 22-6-1987. Therefore, the Trial Court dismissed the suit against which this appeal is filed.