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1996 Supreme(SC) 1655

N.P.SINGH, S.B.MAJMUDAR
Yallawwa – Appellant
Versus
Shantavva – Respondent


Judgement

S. B. MAJMUDAR, J:- The appellant has brought in challenge by special leave under Article 136 of the Constitution, an order passed by the learned Single Judge of the High Court of Karnataka allowing the revision application moved by the respondent. The High Court had set aside the ex parte decree for divorce passed against the opponent by the learned Trial Judge.

2. In order to appreciate the grievance of the appellant, who is alleged to be the ex-mother-in-law of the respondent, a few facts leading to these proceedings are needed to be noted at the outset. The respondent was the married wife of one Basappa. The appellant is the mother of said Basappa. Respondents husband, Basappa, filed a petition for obtaining divorce against the respondent on the ground of desertion. The said application was moved by said Basappa being M.C. No. 25 of 1989 in the Court of the learned Civil Judge, Gadag in Karnataka State. The said application was moved by Basappa under Section 13 (1) (i-b) of the Hindu Marriage Act, 1955. The said divorce petition came to be decreed ex parte against the respondent on 15-12-1989. It is the case of the appellant, mother-in-law of the respondent, that her so










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