JUDGMENT

The appellant has challenged order dated 10.02.2020 passed by the learned Principal District Judge, Kathua, whereby his application under Order IX Rule 13 of the Code of Civil Procedure(CPC) for setting aside ex parte judgment and decree dated 31.03.2018 passed by the same court, has been dismissed.

2. It appears that the respondent had filed a petition for dissolution of marriage under section 13 of the Jammu and Kashmir Hindu Marriage Act before the learned trial court. After summons were issued to respondent appellant herein, the same are stated to have been served upon her father on a couple of occasions who assured the Process Server that he will make the appellant/defendant to appear before the court on the date fixed. When the appellant did not appear before the court below on the date fixed, she was proceeded ex parte in terms of order dated 28.10.2017 passed by the learned trial court and the respondent herein was directed to lead evidence in ex parte.

3. The learned trial court after recording the ex parte evidence, passed ex parte judgment and decree dated 31.03.2018 whereby the petition of the respondent was accepted and ex parte decree of divorce under section