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L.N.MITTAL
Surjit Kaur alias Sito – Appellant
Versus
Harmesh Pal – Respondent


Advocates:
Counsel for the Parties:
For the Appellant :Mr.Sudhir Pruthi, Advocate.
For the Respondent:Mr.Padam Jain, Advocate.

JUDGMENT (ORAL)

L.N. Mittal, J.— Surjit Kaur alias Sito has filed this First Appeal assailing order dated 7.2.2006 passed by learned Additional District Judge, Jalandhar, thereby dismissing application moved by the appellant for setting aside ex parte judgment and decree of divorce dated 27.9.1999.

2. Respondent Harmesh Pal, who is a police Constable, filed divorce petition under Section 13 of the Hindu Marriage Act, 1955 (in short theAct) against the appellant wife. Perusal of the divorce petition file reveals that notice thereof was issued to the wife for 10.6.1999. The notice was received back with the report of refusal. The wife was then summoned by publication in Newspaper Daily (Panjabi Edition) namely Chardi Kalan, Patiala, for 4.8.1999. Notice was published in Newspaper and since the wife did not appear, she was proceeded ex parte on 4.8.1999. After recording ex parte evidence of the husband (respondent herein), the said divorce petition was decreed vide ex parte judgment and decree dated 27.9.1999.

3. The wife moved application on 31.5.2000 for setting aside the ex parte judgment and decree of divorce alleging that she was never served with summons in the divorce petition n















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