IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.683 of 2010 Uday Kumar Versus Sarika Devi @ Gudia ----------- 6 1-7-2011 Heard the parties. The appellant is aggrieved by order dated 21-5- 2010 whereby Misc. Case No. 12 of 2009 filed under Order IX Rule 13 of the Code of Civil Procedure for setting aside ex parte decree for divorce dated 11-2-2009 passed at the instance of the appellant in Matrimonial Case No. 262 of 2005 has been allowed by the learned Additional Principal Judge, Family Court, Patna. Learned counsel for the appellant tried to persuade us that the ex parte decree of divorce dated 11-2-2009 required no interference because in spite of notice the respondent- wife chose not to contest the suit. A perusal of the order under appeal shows that she had initially appeared in Matrimonial Case No. 262 of 2005 through her lawyer on 19-12-2005 and when a petition was filed on behalf of appellant-husband on 4-2-2006 stating that the case was going to be compromised and therefore he may be permitted to withdraw the matrimonial suit, the respondent-wife did not pursue the case and thereafter for few months she lived with 2 her husband on account of an undertaking given by the appellant before this Court in an anticipatory bail application that he will keep her with dignity but after few months she was again subjected to torture and compelled to go back to her parental house. The learned court below has discussed the entire facts and circumstances and on the basis of evidence of the respondent- wife supporting her application, the ex parte decree has been set aside so that the matter may be decided on merits. The court below has issued notice to the appellant under Order IX Rule 13 C.P.C. but in spite of notice the appellant had chosen not to appear. Considering the entire facts and circumstances of the case, we find no merit in this appeal. It is accordingly, dismissed. The court below should proceed with the matrimonial suit expeditiously and decide the same on merits in accordance with law. Naresh ( Shiva Kirti Singh, J.) ( V. Nath, J)