MAT. APP.(F.C.) 189/2022

Page 1 of 19

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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MAT.APP.(F.C.) 189/2022

SEEMA DEVI

..... Appellant

Versus

SHREE RANJIT KUMAR BHAGAT

..... Respondent

Advocates who appeared in this case:

For the Appellant:

Appellant in person.

For the Respondent:

Mr Neeraj Shekhar, Dr. Sumit Kumar and Mr

Keshav

Bharti,

Advocates

along

with

respondent in person.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

HON'BLE MR. JUSTICE VIKAS MAHAJAN

JUDGMENT

VIKAS MAHAJAN, J.

1.

The present appeal has been filed assailing the order dated 03.02.2006

vide which the Additional District Judge, Delhi has dismissed the application

filed by the appellant under Order IX Rule 13 of the Code of Civil Procedure,

1908, seeking setting aside of the ex parte judgment and decree of divorce

passed between the parties on 14.05.2003 in HMA No.849/2001.

2.

The marriage between the parties was solemnized on 04.05.1998 at

Village Maliganj, District Madhepura, Bihar and a girl child was born from the

Digitally Signed

By:NARENDRA SINGH

ASWAL

Signing Date:21.04.2023

14:58:35

Signature Not Verified

MAT. APP.(F.C.) 189/2022

Page 2 of 19

said wedlock on 23.07.1999, who is presently 23 years of age.

3.

Disputes and differences arose between the parties which led the

respondent-husband to file a divorce petition against the appellant on

27.07.2001 in the Court of District Judge, Saharsa, Bihar.

4.

Subsequently, on an application of withdrawal being filed by the

respondent husband, the Court at Saharsa returned the Divorce Petition for

being filed in the Court of proper jurisdiction.

5.

Thereafter, the respondent filed a Divorce Petition in the District Court,

Delhi on 15.10.2001 under Section 13(1)(i-a) and (i-b) of the Hindu Marriage

Act, 1955 [in short ‘the Act’] premised on the ground of cruelty and desertion.

The summons was issued to the appellant-wife but she refused to accept the

same. Based on the report of the process server to the effect that the appellant

refused to accept the summons, the appellant-wife was proceeded ex parte in

the divorce proceedings on 08.04.2003. Eventually, the divorce petition was

allowed and an ex parte decree of divorce on the ground of “desertion” was

passed in favour of the respondent-husband and against the appellant-wife, on

14.05.2003 by the Additional District Judge, Delhi.

6.

After about 18 months, on 25.11.2004 the appellant-wife filed an

application under Order IX Rule 13 CPC alleging that the summons issued by

the court in the divorce petition was neither tendered to her nor she refused to

accept the same. It was pleaded by her that she acquired the knowledge of the

ex parte divorce decree dated 14.05.2003 only on 30.08.2004, when the copy

of said ex parte divorce decree was filed by the respondent-husband in her

maintenance

proceedings

pending

in

the

Court

at

Madhepura,

Bihar.

Additionally, it was pleaded by the appellant-wife that the respondent-husband

Digitally Signed

By:NARENDRA SINGH

ASWAL

Signing Date:21.04.2023

14:58:35

Signature Not Verified

MAT. APP.(F.C.) 189/2022

Page 3 of 19

had earlier filed a divorce case in the Court at Saharsa, which was withdrawn

by him for being filed in the Court at Madhepura in Bihar, therefore, the

divorce petition could not have been filed before the District Judge, New Delhi.

7.

The respondent filed his reply, pleading that the appellant was having

knowledge of the Divorce Petition filed by him in Delhi and that he has already

re-married to Smt. Sanju Devi, D/o of Sh. Ramji Prasad Bhagat on 24.11.2004

as per Hindu rites and customs.

8.

Learned Additional District Judge, Delhi vide impugned order dismissed

the application of the appellant-wife under Order IX Rule 13 CPC on the

ground that the appellant-wife was aware of the divorce petition pending in the

Court at Delhi and that the contention that she had not been duly served and

had not refused to accept the notice of the petition, cannot be accepted. To

return this finding, the learned Additional District Ju