Proper service of summons is essential for an ex parte decree, and the application to set aside the decree must be filed within thirty days of acquiring knowledge of the decree.

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 lived together at Village Mataur, Tehsil Anandpur Sahib, District Ropar. It has been further averred that respondent-wife compelled the petitioner to live separate from his old parents and that she is of quarrelsome nature and used to misbehave with petitioner and she left the matrimonial home in January 1983, without any cause, in the absence of petitioner and refused to return. It is further contended that petitioner visited the house of his in-laws and requested the parents of respondent to send her with him and, however, they refused and rather they insisted that he should transfer his land in the name of his wife and only then she would be sent to the matrimonial home. He also convened Panachyat and has visited the village of parents of the respondent and, however, parents of respondent refused to send her with him and hence, he filed the petition for divorce.

4. Notice of petition was sent to respondent-wife at the address of her parents, however, summons were received unserved with the report of refusal and thereafter service was effected by way of publication in `Jansatta' and on the basis of that respondent-wife was proceeded as ex parte and ex parte decree was passed in favour of petitioner-husband. After coming to know about passing of ex parte decree in favour of petitioner-husband, respondent-wife filed application under Order 9 Rule 13 of the Code for setting aside the ex parte judgment and decree dated 7.8.1991 and ex parte order dated 19.7.1991.

5. It has been alleged by respondent-wife in the application that she used to reside in village Mataur and used to cultivate the land of her husband as her husband had left village Mataur and started living at Nangal and that she never refused to receive any summons and that at that time she was also not residing with her parents in village Bar Gaon. Further plea has been taken that when she was cultivating the land for crop of ‘Hari-2001; her husband restrained her from cultivating the land and the matter was reported to the police and that it was in the police station that it was disclosed by petitioner-husband that he already obtained ex parte decree of divorce dated 7.8.1991 against her and hence, on the very next day, i.e., 5.12.2001, she applied for the certified copy of the judgment and decree dated 7.8.1991and received the same on 11.12.2001 and thereafter she filed the present application for setting aside ex parte proceedings and ex parte judgment and decree of divorce filed against her on 18.12.2001.

6. Petitioner-husband contested the said application on the ground that the same is time barred. Plea has also been taken that respondent-wife left the matrimonial home in the year 1983 of her own and started living with her parents at Village Bar Gaon and that summons were duly sent on t