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2000 DIGILAW 1129 (PNJ)

Ravinder Nath v. Rajni Sharma

2000-09-18

R.L.ANAND

body2000
JUDGMENT R.L. Anand, J. - This is a civil revision and has been directed against the order dated 1.6.1998, passed by the Additional District Judge, Hoshiarpur, who allowed the application under Order Rule 13 C.P.C., of Rajni Sharma and set aside the ex-parte decree dated 3.6.1995 and the wife was allowed to contest the main petition, for the reasons given in paras 21 to 26, which read as under :- "21. After scrutinizing the entire evidence, adduced by the parties, it appears that there is report dated 17.4.1995 from Ambala Cantt., made by the process server to the effect that Smt. Rajni Sharma was not at Ambala and she had gone to Delhi and her return was not known to the informer. There is second report made by the process server dated 21.4.1995 and it depicts that she had gone to Jaipur (Rajasthan). These reports appear to have been manipulated by the husband in active connivance with the process service (server ?). How in these circumstances it can be said that the applicant-wife was served with notice of the main petition. Assuming for the sake of arguments that she came to know with regard to the petition filed by her under Section 13 of the Hindu Marriage Act by her husband still Dasuya does not fall on the way from Ambala to Hoshiarpur. If she was to come for contesting the petition from Ambala to Hoshiarpur, then Hoshiarpur fell on the way and if she wanted to engage a counsel to contest the petition, she could have engaged from Hoshiarpur and not from Dasuya, but in the present case, the respondent husband has been clever enough to engage the counsel from Dasuya, as he was having papers bearing the signatures of Rajni Sharma, because he was getting the record relating to the school, signed from the applicant-wife as she was head of the Primary School, run by the D.A.V. Management of Urmar. Under the garb of some record, her signatures might have been obtained on blank power of attorney and that must have been given to the lawyer at Dasuya, who appeared on her behalf on 5.5.1995, but remained absent on 12.5.1995 with the result that ex-parte proceedings were ordered against her. If she was not personally served how it can be said that she was having knowledge of the pendency of the petition at Hoshiarpur. If she was not personally served how it can be said that she was having knowledge of the pendency of the petition at Hoshiarpur. Moreover, when she has specifically denied the engaging of Shri Hans Raj, Advocate from Dasuya, then, it would have to be presumed that services of this Advocate were procured by him and not by her. 22. The second set of circumstances goes to establish that all the proceedings were fabricated. The applicant-wife left Urmar Tanda on 12.3.1995 along with her mother after taking all her belongings and dowry articles prior to leaving Urmar Tanda, she had executed a writing of divorce in favour of her husband. This circumstance stands belied from the letter Ex. A1, and postcard Ex. A2, which have already been discussed in detail above. Thus, if at all the applicant-wife had left her matrimonial home by breaking all the ties with the husband, then there was no occasion for the husband to write such letters to his wife. 23. There is letter dated 21.11.1994 Ex. A3, which shows that the applicant wife accompanied the respondent for medical check up to Ludhiana, for her non-procreation of child and intimation regarding the same was given by the respondent husband to his in-laws. There is another letter Ex. A4 dated 15.3.94. On the back to this letter, the respondent had written for appointment of her to some post for which she had given the interview. There are two letters dated 15.2.1994 Ex. A5 and A6 and letter dated 1.2.94 Ex. A7. The above letters show that amicable and cordial relations between the parties existed and there was not a slightest of bickerings between the parties. 24. The respondent-husband appears to be a very claver man. In a clever manner, he made her to submit for resignation and obtained her signatures on the blank non-judicial stamp paper by representing her that he needs her power of attorney for settling her dues with the management of the school. He also got her name transferred from Employment Exchange Talwara to Ambala, as per the understanding given to her. There is letter Ex. R2 which clearly shows that this letter was manipulated by the respondent husband on the papers on which signatures of Rajni Sharma existed. This is apparent to the naked eye, as much space has been left in between the body of the writing and her signatures. 25. There is letter Ex. R2 which clearly shows that this letter was manipulated by the respondent husband on the papers on which signatures of Rajni Sharma existed. This is apparent to the naked eye, as much space has been left in between the body of the writing and her signatures. 25. From the judicial record of the court of Shri M.M. Bhalla, the then Additional District Judge, Hoshiarpur, it appears that Rajni Sharma did not put in appearance in court at all and time was taken to file the written statement. When we go through the statement of RW3, it transpires that he stated in the end of his examination-in-chief that Smt. Rajni Sharma had been appearing personally and through Shri Hans Raj Sharma, Advocate, in the Court. This fact goes a long way to establish that the respondent husband is a total liar, because her presence was not marked personally by the court. 26. From the above circumstances, it is apparent that the respondent-husband had made all these manipulations in order to procure ex parte decree. As the applicant was not served personally and she never procured the services of Shri Hans Raj, Advocate, of Dasuya, therefore, I am of the considered opinion that there are sufficient grounds to set aside the decree dated 3.6.95. Issue No. 1 is decided in favour of the applicant and against the respondent husband." 2. I have heard the counsel for the parties and with their assistance have gone through the record of this case and I am satisfied that Rajni Sharma was never duly served. The reports were manipulated by the petitioner. There was no occasion on the part of the respondent to engage a lawyer from Dasuya to contest the case. Rather, the conduct of the petitioner shows that on the one hand he was trying to get an ex-parte decree and on the other hand, he was writing letters to the wife. Everything is shaky with regard to the conduct of the petitioner. In such a convenient way, no litigant shall be permitted to take ex-parte decree, especially in matrimonial matters. Even justice demands that the lis of Rajni Sharma should not fail. 3. In these circumstances, I do not see any illegality in the impugned order. Dismissed. Revision dismissed.