SWAGATA GOSH Vs. DEBASIS GHOSH

JUDGEMENT

(1.) This appeal is at the instance of a wife in proceedings under Section 13B of the Hindu Marriage Act ("Act") and is directed against Judgment and Decree dated July 12, 2004 passed by the learned Trial Judge thereby passing a decree for divorce on mutual consent.

(2.) The only question that arises for determination in this appeal is whether a Court dealing with an application under Section 13B of the Act is entitled to pass a decree on a petition under Section 13B of the Act notwithstanding the fact that on the date of hearing fixed after six months in terms of sub-section 2 thereof, one of the parties did not appear and jointly move the application.

(3.) The facts giving rise to filing of this appeal may be summed up thus :- On 23rd September, 2003 an application under Section 13B of the Act was filed by both the parties and the Court fixed on 27th July, 2004 for hearing. Subsequently, on 23rd April, the husband filed a petition with the prayer for shifting the date of hearing to an earlier date. Although the copy of such application was served upon the wife, yet, nobody appeared on her behalf and the Court preponed the date to 27th April, 2004.