C.R.4205 of 2009 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. C.R.4205 of 2009 Date of decision:- 30.10.2009 Kanwaljit Kaur petitioner vs Manjeet Pal Singh Respondent Present: Mr. Parbinder Singh, Advocate Mr. KS Rekhi, Advocate. 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? M.M.S.BEDI,J. Vide impugned order dated 9.6.2009, the application of the petitioner-wife to set aside the ex-parte proceedings dated 13.3.2009 has been dismissed. On 13.3.2009, affidavits of PW 1 and PW 2 were tendered ex-parte and the case was adjourned to 24.4.2009 for recording of ex-parte evidence of the respondent-husband. It is pertinent to observe here that the petitioner was proceeded against ex-parte after the divorce petition stood transferred from Amritsar to Tarn Taran on formation of a separate district of Tarn Taran. She had been appearing in the divorce petition through her counsel Shri TS Dhillon, Advocate at Amritsar. It is claimed that on account of the death of the said counsel, she was not represented by any one. The said ground has been vehemently opposed by the counsel for the respondent contending that she had engaged another counsel Shri Hakam Singh , who had been appearing on dates, prior to the date when she was proceeded against ex-parte. C.R.4205 of 2009 -2- Without entering into controversy whether on account of the fault of the counsel, the petitioner was proceeded against ex-parte, it is sufficient to observe that in matrimonial disputes, when a party is proceeded against ex-parte and without any delay an application is moved for setting aside the ex-parte proceedings, the Court should adopt a liberal approach when there is no intentional malafide attributed to a party, opting not to appear. Since the adjudication of the divorce petition is going to affect the rights of the parties and determine their rights, the impugned order deserves to be set aside. Accordingly, the petition is allowed, the impugned order dated 9.6.2009 is hereby set aside and it is ordered that the ex-parte proceedings against the petitioner will stand set aside subject to her paying Rs.500/- as costs to the respondent on the next date of hearing before the trial court. The cross-examination conducted pursuant to the interim order, passed by this court, stands validated with the allowing of this revision petition. October 30 ,2009 (M.M.S.BEDI) TSM JUDGE