Mr. L.N. Mittal, J.: (Oral) - Surjit Kaur alias Sito has filed this First Appeal assailing order dated 07.02.2006 passed by learned Additional District Judge, Jalandhar, thereby dismissing application moved by the appellant for setting aside exparte judgment and decree of divorce dated 27.09.1999.

2. Respondent Harmesh Pal, who is a police Constable, filed divorce petition under Section 13 of the Hindu Marriage Act, 1955 (in short – the Act) against the appellant-wife. Perusal of the divorce petition file reveals that notice thereof was issued to the wife for 10.06.1999. The notice was received back with the report of refusal. The wife was then summoned by publication in Newspaper Daily (Punjabi Edition) namely Chardi Kalan, Patiala, for 04.08.1999. Notice was published in Newspaper and since the wife did not appear, she was proceeded ex-parte on 04.08.1999. After recording ex-parte evidence of the husband (respondent herein), the said divorce petition was decreed vide ex-parte judgment and decree dated 27.09.1999.

3. The wife moved application on 31.05.2000 for setting aside the ex-parte judgment and decree of divorce alleging that she was never served with summons in the divorce petition nor she ever refused to accept the summons. The husband had been treating her with cruelty and demanding more dowry and was also levelling allegations of adultery. The wife moved application to Senior Superintendent of Police, Kapurthala in May 1999 for taking action against the husband. However, no action was taken on account of influence of the husband being police official. Again, the wife moved application dated 03.04.2000 to Chief Minister and application to Senior Superintendent of Police, Kapurthala on 24.04.2000. Thereupon, the husband was summoned to Women Police Station, where he produced photocopy of ex-parte judgment and decree dated 27.09.1999 and thereupon, the wife, for the first time, learnt of the divorce petition and decree passed therein, in the first week of May 2000. After obtaining certified copies of judgment and decree, the wife filed this application.

4. The husband, in his reply, controverted the allegations made by the wife. It was also alleged that the application is time barred. Various other pleas were also raised.

5. Learned Additional District Judge, vide impugned order dated 07.02.2006, dismissed the wife’s application for setting aside ex-parte judgment and decree of divorce. Feeling aggrieved, wife has filed this appeal.

6. I have heard learned counsel for the parties and perused the case file including file of the trial court.

7. Perusal of divorce petition file reveals that the address of the wife, as given in the divorce petition, was of Village Uchha Boharwala. However, summons of divorce petition issued to the wife for 10.06.1999 was allegedly served on the wife in Village Jainpur i.e. native village of the husband himself, when the wife allegedly refused to accept the summons. Then she was served by publication in Newspaper. The report of refusal was allegedly thumb marked by Banta Chowkidar. The husband has examined Tarsem RW-3, who is son of Banta Chowkidar. In his affidavit of examination-in-chief, Tarsem stated that he identified the signatures of his father on the refusal report as he had been seeing his father signing during his life time. This entire evidence has been procured by the husband because the report of refusal was not signed by Banta, but purports to bear his thumb impressions and not signatures. The reason for Tarsem to depose falsely in favour of husband is not far to seek. He admitted that the husband is his nephew. It is thus apparent that false report of refusal of summons by the wife was procured. It is also significant to notice that according to Tarsem, the wife, at the time of refusal of summons by her, was residing in the house of Ramesh Pal, who is none else, but real brother of the husband. On the one hand, the husband had filed divorce petition against the wife