RAJESH BADIA, R. S. CHAUHAN, JJ.

( 1 ) THIS appeal is filed against the ex parte divorce decree passed against the appellant by the Family Court, Jodhpur. Amongst other grounds, the appellant has stated that she was never served with the notice of the petition filed under Section 13 of the Hindu Marriage act before the Family Court, Jodhpur.

( 2 ) A perusal of the record goes to show that the appellants contention is justified. Application under Section 13 was presented on 22. 1. 2002 and notices were directed to be issued for 18. 3. 2002. On 18. 3. 2002 the Presiding officer was not present and case was adjourned to 7. 5. 2002. On 3. 4. 2002, on an application of the applicant-husband alleging that the non-applicant wife was avoiding service, the case was taken up by preponing the date and order was made for issuing fresh summons by the registered post and also for taking dasti notices to be served on the respondent-present appellant. The Court directed on request of the applicant-husband to issue summons by dasti through Family Court, Jaipur and the next date was fixed on 7. 5. 2002. The notices were also directed to be issued by registered post.

( 3 ) APPARENTLY, prep