R.NARAYANA PISHARADI, J.

1. The appellant is the wife and the respondent is the husband. The appeal is filed by the wife, challenging the decree of divorce passed against her by the Family Court, Thalassery.

2. The husband filed O.P.No.105/2013 against the wife in the Family Court for granting a decree of divorce under Section 13(1)(iii) of the Hindu Marriage Act, 1955. The appellant entered appearance in the case before the lower court but she did not appear for mediation. She also did not file any counter statement in the case. Thereupon, the lower court recorded the evidence of the respondent and granted a decree of divorce dissolving the marriage between the appellant and the respondent.

3. We have heard learned counsel for the appellant as well as the respondent.

4. The lower court has briefly narrated the case of the respondent/petitioner in the judgment. The lower court further proceeded to grant a decree of divorce in the case stating as follows:

"The evidence of PW1 remains unchallenged.

In the result, the O.P is allowed with cost. It is declared that the marriage between the petitioner and the respondent which was solemnised on 22.11.2002 is hereby dissolved."

5. The judgment of the lower court does not reveal that the appellant was set ex parte in the case. However, we have no doubt with regard to the fact that the impugned judgment is an ex parte judgment.

6. The respondent had sought a decree of divorce against the appellant under Section 13(1)(iii) of the Hindu Marriage Act, 1955 on the ground that she was suffering from mental disorder. However, the judgment of the trial court does not contain any finding to the effect that the appellant was suffering from any mental disorder. The trial court has only mentioned that the evidence of PW1 remains unchallenged. The trial court has not stated what is the effect of such unchallenged evidence. The trial court has also not stated any reason for granting a decree of divorce in favour of the respondent.

7. Order VIII Rule 10 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the Code') reads as follows:

“10. Procedure when party fails to present written statement called for by Court -Where any party from whom a written statement is required under rule 1 or rule 9 fails to present the same within the time permitted or fixed by the Court, as the case may be, the Court shall pronounce judgment against him or make such order in relation to the suit as it thinks fit and on the pronouncement of such judgment, a decree shall be drawn up."

8. The Apex Court has interpreted the aforesaid provision in Balraj Taneja v. Sunil Madan : AIR 1999 SC 3381 and held that the Court shall not act blindly upon the admission of a fact made by the defendant in his written statement and the court shall not proceed to pass judgment blindly merely because a written statement has not been filed by the defendant traversing the facts set out by the plaintiff in the plaint. Before passing the judgment against the defendant the court must see to it that even if the facts set out in the plaint are treated to have been admitted, a judgment could possibly be passed in favour of the plaintiff without requiring him to prove any fact mentioned in the plaint. It is only when the court is satisfied that there is no fact which need be proved on account of deemed admission, the court can conveniently pass a judgment against the defendant who has not filed written statement.

9. In the absence of denial of plaint averments, the burden of proof on the plaintiff is not very heavy. A prima facie proof of the relevant facts constituting the cause of action would suffice and the court would grant the plaintiff such relief as to which he may in law be found entitled.

However, in a case in which the defendant is set ex parte, the trial court shall scrutinize the available pleadings and documents, consider the evidence adduced and decide whether the claim made by the plaintiff is proved (See Ramesh Chand Ardawa