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2010 Supreme(MP) 693

A.M.NAIK
Arvind Singh Bhadoriya – Appellant
Versus
Kunti Bhadoriya – Respondent


Advocates Appeared:
P.K. Chaturvedi for revisionist;
K.L. Gupta for non-applicant.

ORDER

1. This Civil Revision has been preferred to challenge the impugned order dated 25.1.08 passed by the Court of VII Additional District Judge, Gwalior, allowing thereby an application under Order IX Rule 13 CPC of the non-applicant.

2. Revisionist got married to non-applicant on 4.2.95 at village Lona, District Jalaun (UP). They resided together at Station Road, Gohad Chauraha, Dist. Bhind (MP) up to 6.8.05. Revisionist submitted an application for dissolution of marriage by divorce on ground under section 13 (1) (a) and (b) of Hindu Marriage Act, on 8.6.99 wherein address of the non-applicant was shown as 34, Gandhi Nagar, Lashkar, Gwalior. Process Server submitted a report that the non-applicant was not residing at the said address. Similarly, the notice sent by registered post came back un-served on account of incomplete address. Thereafter, service was got effected under Order V Rule 17 CPC and ex-parte decree for dissolution of marriage by divorce in favour of the revisionist was passed on 14.1.2000. Non-applicant came to know about it on 4.2.2006 during the proceedings before the Court of Sessions Judge, Jalaun, Camp Orai. Non-applicant, thereafter submitted an applicatio








































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