1983 (11) TMI 326

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....Judge, Kamrup, Gauhati in Divorce Title Suit No. 12 of 1980 Smti. Gauri Dey v. Sri Bidhu Bhusan Dey, The plaintiff was married to Smti Sauri Dey the defendant. He filed the petition under Section 13 of the Hindu Marriage Act for dissolution of his marriage by decree of divorce. It was contested by Smti Gauri Dey who filed her written statement in the Court of the learned District Judge dated 31st ....

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....earing on 13th September, 1982. On that date, it seems, the defendant did not turn up when the case was called on for hearing and ex parte proceeding was taken. One more witness P. W. 2 was examined. Thereafter the learned District Judge passed the impugned order in the following terms. "Dt. 13-9-83 -- Plaintiff present with witnesses. Other side is absent without any step. Case proceeded....

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....simply said "case prima facie proved". It is surprising that a decree of divorce has been passed in this manner. Quite obviously the learned District Judge did not at all apply his mind to the facts of the case. There is no discussion whatsoever; no mention of facts even. The decree affected the status of two person. Important issues which so affect the parties demand a closer scrutiny. The nature....

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.... the suit was barred by time. The District Judge should also hence have recorded a finding as to whether there had been unnecessary or improper delay in instituting the proceeding. Further, Sub-section (2) of Section 23 mandates the Court that before proceeding to grant any relief under the Hindu Marriage Act, the Court shall in the first instance, in every case where it is possible so to do consi....