Gangele, J. -- 1. Appellant has filed this appeal against the judgment dated 14.07.2017 passed by the Principal Judge, Family Court, Jabalpur in C.S.No. 412-A/2016. By the aforesaid judgment, the trial Court allowed the application filed by the respondent and granted a decree of divorce.

2. The marriage of the appellant-wife and respondenthusband was solemnÁed on 30.4.2013 as per Hindu rituals at Jabalpur. The appellant lived with the respondent for a brief period. She returned to her maternal house on 25.7.2013. It is pleaded by the respondent in the plaint that he had tried his best to pursue the appellant to live with him. However, she did not come back. Thereafter, respondent-husband filed an application under section 9 of the Hindu Marriage Act on 3.3.2014. After receiving notice of the aforesaid application, the appellant-wife lodged FIR on 1.5.2014 against the respondent, his father Ramesh, mother Asha, sister Deepika and uncle Hiralal Chourasiya. On the basis of the aforesaid FIR, offence under sections 498A, 506 B, 406 and 34 of Indian Penal Code was registered against the respondent and his family. They were arrested and thereafter, respondent-husband was released on bail. Criminal Case No. 6115/2014 is pending before the Judicial Magistrate First Class.

3. The Family Court in Civil Suit No. 2-A/2015 vide judgment dated 15.5.2015 decreed the suit for restitution of conjugal rights and directed the appellant to live with the respondent. Inspite of that, the appellant did not go to live with the respondent. She filed a suit for grant of maintenance under section 125 of CrPC which is pending. The respondent-husband filed a suit for grant of decree of divorce. The respondenthusband pleaded that the appellant practiced cruelty with her.

4. The trial Court issued notice on the suit filed by the respondent. The notice was served on the appellant-wife. Her counsel appeared before the trial Court on 9.8.2016 and the Court granted time to the appellant to file reply. Thereafter, the case was listed on 24.08.2016. On the said date also, time was granted to the appellant. On 3.10.2016, nobody appeared before the trial Court on behalf of the appellant. The trial Court directed the appellant to appear on the next date and file written statement. The case was listed on 02.11.2016. On the aforesaid date, nobody appeared before the trial Court on behalf of the appellant, hence, the case was proceeded exparte. Thereafter, the case was listed on 6.12.2016, 10.1.2017, 8.2.2017, 20.2.2017, 28.2.2017, 28.3.2017, 13.4.2017, 26.4.2017, 11.5.2017, 17.5.2017, 21.6.2017, 3.7.2017, 6.7.2017, 13.7.2017. The trial Court pronounced the judgement on 14.7.2017.

5. Respondent filed his affidavit before the trial Court in support of the plaint and pleaded the same facts as pleaded in the plaint. He also filed affidavit of Shri Sunil Kumar Chourasia who is the neighbour of the respondent. He filed documents before the trial Court.

6. After considering the aforesaid, the trial Court awarded the decree of divorce in favour of the respondenthusband.

7. In the present case, the appellant pleaded that the respondent had given assurance that he would compromise the matter and withdraw the suit, hence, she did not appear before the trial Court. It is further submitted by the appellant that she came to know about the ex parte judgment and decree from the news published in the local newspaper at Sagar.

8. Learned counsel for the appellant has prayed that the ex-parte judgment and decree be set aside. Appellant be given opportunity to contest the case and the non-appearance of the appellant before the trial Court is bonafide.

9. Learned counsel for the respondent has submitted that the appellant did not appear before the trial Court deliberately. She did not obey the decree of restitution of conjugal rights. She lodged FIR against the respondent and his family members. Hence, the trial Court has rightly granted the decree of divorce in favour of the respondent