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2000 Supreme(MP) 682

DIPAK MISRA
Suresh Kumar Verma – Appellant
Versus
Hemlata Verma – Respondent


Advocates:
J.L. Mishra for applicant; Atulanand Awasthy for non-applicant;
Ravish Agrawal, amicus curiae.

ORDER

1. Invoking the revisional jurisdiction of this Court under section 115 of the Civil Procedure Code (for -short 'the Code') the husband-petitioner has called in question the legal propriety of the order dated 11.1.2000 passed in Misc. Civil Case No. 6/99 passed by the learned Additional District Judge; Rewa.

2. The facts as have been unfolded are that the marriage between the applicant and the wife/non-applicant was solemnised according to the Hindu rites. The applicant filed an application for judicial separation under section 10 of the Hindu Marriage Act (hereinafter referred to as 'the Act') and obtained a decree for judicial separation on 24.9.1996. The petitioner endeavoured for restitution of the relationship but as his attempts became an exercise in futility he filed an application under section 13 of the Act. As the non-applicant did not appear before the trial Court on the dates fixed, an ex parte decree for divorce was passed on 10.3 .1999. After the ex parte decree was passed the non-applicant wife filed an application under Order 9 Rule 13 of the Code for setting aside the ex parte decree along with an application under section 5 of the Limitation Act. While this























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