AIR 2013 PUNJAB AND HARYANA 72 ::(2012) 2 MarriLJ 251 ::(2012) 3 CivilCourtC 797 ::2012 (4) CurCC 497 ::2012 (3) Pun LR 375

Punjab And Haryana High Court

Hon'ble Judge(s): L. N. Mittal , J

(A) Hindu Marriage Act (25 of 1955) , S.13(1)(ib)— Civil P.C. (5 of 1908) , O.9 R.13— Ex parte decree of divorce - Setting aside of - Husband filed divorce petition against wife on ground of desertion and ex parte judgment and decree passed in his favour - Wife was never served with summons in divorce petition nor she ever refused to accept summons, as alleged by husband - False report of refusal of summons by wife was procured - Service by publication in Newspaper cannot be said to be sufficient service - Even otherwise, wife, who was rustic, illiterate villager, could not have read Newspaper in which notice for her service was published - As wife was not served properly in divorce petition, ex parte judgment and decree granting divorce, liable to be set aside. AIR 2011 SC 1150, Distinguished. (Para 7 8 9) (B) Civil P.C. (5 of 1908) , O.9 R.13— Setting side of ex parte judgment and decree - Bar of limitation - Wife learnt of ex parte judgment and decree granting divorce in favour of husband only in first week of May, 2000 - Application for setting aside ex parte judgment and decree filed on 31-5-2000 - Application well within limitation. (Para 10) .....