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2011 Supreme(P&H) 1008

RAM CHAND GUPTA
Ram Rattan – Appellant
Versus
Sunita Kumari alias Pinki – Respondent


Advocates appeared:
Mr. R.N. Moudgil, Advocate for the petitioner.
Mr. Vijay Lath, Advocate and Mr. Naveen Sharma, Advocate, for the respondent.

JUDGMENT

RAM CHAND GUPTA, J.

1. The present revision petition has been filed under Section 115 of the Code of Civil Procedure (hereinafter to be referred as `the Code') against order dated 20.1.2004, passed by learned Additional District Judge, Ropar, vide which application under Order 9 Rule 13 of the Code filed by respondent-wife was accepted and ex parte judgment and decree for divorce under Section 13 of the Hindu Marriage Act (hereinafter to be referred as the Act') passed in favour of the petitioner-husband and against respondent-wife by learned Additional District Judge, Ropar, dated 7.8.1991 and ex parte order dated 19.7.1991 were set aside.

2. I have heard learned counsel for the parties and have gone through the whole record carefully.

3. Brief facts are that a petition under Section 13 of the Act for dissolution of marriage by way of decree of divorce was filed by petitioner-husband-Ram Rattan against respondent-wife-Sunita Kumari @ Pinki on 12.4.1990. It has been pleaded that marriage between the parties was solemnised on 25.6.1981 at Village Bar Gaon,Tehsil Ghumarbin, Post Office Naghiar, District Bilaspur, as per Hindu Rites and Customs. After the marriage, parties li



























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