[2026:RJ-JD:2053-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Misc. Appeal No. 2558/2024 Smt. Maina Alias Maya W/o Sh.mitesh Singh, Aged About 42 Years, D/o Vijay Singh, R/o Hemaliyvas Tehsil Marwar Junction District Pali, Rajasthan At Present 37 Mangaleshwar Society Near Mangaleshwar Mahedev Mandir Isanpur Road Ghodasar Ahmadabad (Gujarat)

----Appellant Versus Shri Mitesh Singh S/o Pratap Singh, Aged About 44 Years, Resident Of Nadaol, Tehsil Desuri, District Pali, Rajasthan.

----Respondent For Appellant(s) : Mr. Rajendra Singh Ms. Jaya Bhati For Respondent(s) : Ms. Priyanka Tak HON'BLE MR. JUSTICE ARUN MONGA HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

Order

14/01/2026

1. Appeal herein is directed against the ex-parte judgment and decree dated 18.05.2024 passed by learned Additional Judge, Desuri, District Pali whereby the marriage between appellant – wife and the respondent – husband was dissolved under Section

13 of the Hindu Marriage Act, 1955.

2 The respondent/husband of the appellant, filed a petition under Section 13 of the Hindu Marriage Act, 1955 seeking dissolution of marriage on the grounds of cruelty and desertion. Notices were issued to the appellant on 11.03.2024. Thereafter, upon hearing only the counsel for the respondent and in the absence of the appellant, the learned Trial Court proceed ex parte to allow the petition. Thus an ex parte decree of dissolution of marriage was passed vide judgment dated 18.05.2024.

3. In the aforesaid factual background, we have heard the rival contentions and perused the case record.

4. Learned counsel for the appellant argues on lines of grounds raised in the appeal urging that the learned Trial Court failed to properly appreciate the legal as well as factual aspects of the case.

4.1 It is the case of the appellant/wife that it is the respondent/husband who has, in fact, subjected her to physical and mental cruelty and deserted her for the past more than 15 years. The marriage between the parties was solemnized as per Hindu rites and rituals on 02.05.2009. Despite the appellant’s sincere efforts to lead a happy married life, the respondent– husband refused to perform conjugal obligations, thereby causing severe mental harassment to the appellant. A son, namely Pratam Singh, now aged about 13 years, is born out of the wedlock. The respondent has failed to bear even the basic educational expenses of the minor child. The appellant is presently residing in Ahmedabad (Gujarat) along with her son, where he is pursuing his education. The appellant rarely visits Rajasthan and is also suffering from ill health. The appellant was since continuously subjected to cruelty, she was compelled to lodge a criminal complaint under Sections 498-A, 294-B and 114 of the Indian Penal Code, which is still pending adjudication. Taking undue advantage of the appellant’s residence in Ahmedabad, the respondent filed the divorce petition on false grounds of cruelty. The learned Trial Court, without properly considering these material facts, committed a grave error of law in passing the impugned ex parte judgment dated 18.05.2024, which deserves to be quashed and set aside.

4.2 The trial was proceeded ex parte against the appellant by the learned trial Court on the basis of service purportedly effected as per the track report dated 06.04.2024. The appellant could not appear before the learned Trial Court due to her ill health, as she was admitted to Medilink Diabetes Research Foundation Hospital from 07.03.2024 to 18.03.2024 owing to an infection.

4.3 On 06.04.2024, without ensuring the presence of the appellant or granting her a reasonable opportunity of being heard, the learned Trial Court proceeded ex-parte. Soon thereafter, it passed the decree of divorce on 18.05.2024.

4.4 The appellant was thus denied a fair opportunity of hearing due to her non-appearance for reasons beyond her control, resulting in grave prejudice. The ex-parte decree has caused serious injustice to the appellant and, theref