Setting aside ex parte proceedings based on Supreme Court decision and allowing participation in divorce proceedings.

JUDGMENT

B.S. Walia, J. (Oral) - Revision petition has been filed praying for setting aside order Annexure P/1 dated 11.05.2018 passed by the learned Additional District Judge, Panchkula dismissing the application of the petitioner for setting aside order Annexure P/2 dated 25.07.2017 vide which the petitioner was proceeded against ex parte and further for allowing application Annexure P/3 dated 27.09.2017 seeking setting aside order dated 25.07.2017 as also to grant one opportunity to file the written statement and to participate in the proceedings pending before the learned Additional District Judge, Panchkula.

2. Brief facts of the case leading to the filing of the revision petition are that the petitioner put in appearance in the divorce case filed by her husband before the learned trial Court on 01.04.2017 where after, the matter was taken up for reconciliation on 25.04.2017. On account of reconciliation proceedings being unsuccessful, the case was adjourned from 10.07.2017 to 25.07.2017. However, on said date, the petitioner absented and did not put in appearance before the trial Court. Thereupon, the petitioner was proceeded ex parte and the case adjourned to 25.08.2017 for ex parte evidence. On 25.08.2017, work was suspended in the Courts on account of disturbance in the area. Resultantly, the case was adjourned to 27.09.2017. On said date the respondent-husband concluded his evidence and case was deferred to 27.10.2017 for arguments. On said date, the petitioner moved an application supported with her affidavit dated 27.09.2017 for setting aside ex parte proceedings ordered against her on 25.07.2017. However, the same was dismissed on 11.05.2018 by the learned trial Court by observing that the petitioner had been watching the proceedings, that the rape case instituted by her against the respondent-husband had culminated in his acquittal on 04.08.2016 and the appeal filed by her against the said judgment had also been dismissed by the High Court on 20.02.2018.

3. Learned counsel for the petitioner has prayed for setting aside of the impugned order and grant of one opportunity to file written statement and permission to participate in the proceedings on the ground that in the eventuality of relief prayed for not being granted, great prejudice would be caused to her and that the learned trial court ought to have granted one opportunity even by imposing costs as deemed appropriate and imposition of such conditions as deemed appropriate.

4. On the other hand, learned counsel for the respondent has vehemently opposed the plea on the ground that the conduct of the petitioner is such that the same dis-entitles her to indulgence being shown by this Court. Besides, the petitioner had miserably failed to substantiate sufficient cause for not putting in appearance on the day when she was proceeded ex parte. Learned counsel contends that the petitioner having failed to make out a case for setting aside the well-reasoned orders Annexure P/2 dated 25.07.2017 as also order Annexure P/1 dated 11.05.2018, the revision petition is bereft of merit, therefore, the same be dismissed.

5. I have considered the submissions of learned counsel for the parties.

6. Admittedly, the petitioner is facing a divorce petition filed by the respondent-husband. On consideration of the sequence of events leading to the passing of the impugned orders, I find that the petitioner has not been able to make out sufficient cause for not appearing in the case on the day she was proceeded ex parte. However, I am of the view that when an application has been filed for setting aside the ex parte proceedings, a divorce petition should not be allowed to be decreed uncontested. Hon'ble the Supreme Court in GP Srivastava vs. R.K. Raizada and others, 2000 (3) SCC 54 set aside an ex parte decree even though sufficient cause could not be shown by the party seeking setting aside of the ex parte order by holding that even if the party was found to be negligent, the other side