JUDGMENT

Tarlok Singh Chauhan, J. - Aggrieved by the order dated 19.05.2012, whereby the application filed by the appellant for setting aside ex parte judgment and decree of divorce dated 02.09.2009 has been ordered to be dismissed, the petitioner has filed the instant appeal.

2. The marriage of the parties was solemnized on 21.02.2007, however, on account of matrimonial discord, the petitioner-respondent filed a petition for divorce. Despite service, appellant did not appear to contest such proceedings and eventually an ex parte decree of divorce came to be passed by the learned Court below on 02.09.2009.

3. On 26.02.2010, the petitioner filed an application under Order 9 Rule 13 CPC for setting aside the ex parte decree of divorce but the same was dismissed by the learned Court below, constraining the petitioner to file the instant appeal.

4. It is not in dispute rather admitted by the appellant herself that she had received summons on 27.05.2009 from the learned Court in which the date was fixed for 30.05.2009 but she did not choose to appear on the ground that petitioner had asked her not to appear since the conciliation proceedings were under progress. Since there being nothing