Court No. - 34
Case :- FIRST APPEAL No. - 260 of 2010 Appellant :- Rupali Goel Respondent :- Parveen Goel Counsel for Appellant :- Nipun Singh Counsel for Respondent :- Sikandar B.Kochar
Hon'ble Sudhir Agarwal,J. Hon'ble Shashi Kant,J.
1. Heard Sri Krishna Arjun, Advocate holding brief of Sri Nipun Singh, learned counsel for appellant and perused the record.
2. This appeal under Section 19 of Family Courts Act, 1984 has arisen from judgment and decree dated 27.05.2010 passed by Sri N.A. Zaidi, Principal Judge, Family Court, Meerut, decreeing divorce suit and granting decree of divorce in Matrimonial Petition No. 1199 of 2009 under Section 13 of Hindu Marriage Act, 1955 (hereinafter referred to as the “Act, 1955”) on the ground of cruelty and the fact that marriage between parties has come to the level of irretrievable.
3. Judgment has been challenged before this Court on the ground that appellant was not given any opportunity and judgment basically is ex parte, therefore, it is liable to be set aside.
4. The only point for consideration for adjudicating this appeal is, “whether judgment in question is ex parte”.
5. Learned counsel for appellant could not dispute that appellant was represented through Counsel before Court below and had also filed written statement. She has made serious allegations of illicit relation of husband with one another girl, Neha and alleged that they were seen in compromising position on 02.06.2007. Documents were also filed before Court below though for oral evidence only husband was examined as PW-1 and appellant did not examine herself or adduce any other oral evidence. It is in these facts and circumstances Court below proceeded to decide matter and found the case of cruelty proved against appellant.
6. The submission that case has been decided ex parte or without giving opportunity to appellant is clearly incorrect and contrary to record hence aforesaid question is answered against appellant.
7. No other point has been argued.
8. We are also informed that husband has entered into second marriage and is living with second wife. In these facts and circumstances we find no reason to interfere with award at this stage.
9. Dismissed. There shall be no order as to costs.
Order Date :- 23.2.2018 AK