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Results of ex parte divorce

Showing : 21-30 of 66 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Scope of application U.O.9.R.13 CPC - Cannot be extended to decide the factum of marriage...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Setting aside - Application filed by wife after 13 years of passing of decree - Wife contended that she never received summons from Court nor she engaged counsel - However, wife never denied her signatures on the power of attorney filed by counsel - It is only..........

MADRAS HIGH COURT

Year of decision: 2016
Details

Hindu Marriage Act, 1955, Section 13, 15, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Condonation of delay - Husband got remarried after expiry of appeal period - Allowing application of wife for setting aside ex parte decree at this stage would defeat the rights of husband after divorce, particularly when delay..........

ALLAHABAD HIGH COURT

Year of decision: 2015
Details

Indian Penal Code, 1860, Section 494 -- Second marriage - After passing of ex parte divorce decree - Appeal against ex parte decree filed thereafter - No interim order of stay of divorce decree passed in appeal - Legally first wife was not in existence due to dissolution of her marriage - Held, no offence u/s 494 IPC is committed when accused performed second marriage..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Fraud - Mere fact that husband remained mum and did not disclose about the ex parte divorce decree before Mediation center, does not mean that he committed a fraud - Application rightly dismissed...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Divorce petition - Respondent living in America - Service of summons through publication in newspaper `The Tribune' - Respondent who was residing in America, could not have come to know about publication of summons qua her in the newspaper `The Tribune' - Order setting aside ex parte decree,..........

SUPREME COURT OF INDIA

Year of decision: 2015
Details

Indian Penal Code, 1860, Section 493 -- Offence u/s 493 IPC - Matrimonial ties between appellant and respondent will be deemed to have subsisted during the entire period under reference as ex-parte divorce decree obtained by respondent was set aside - When a lawful marriage indeed existed between parties, there is no question of deceit on part of respondent - Offence u/s..........

HYDERABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Appeal - Maintainability - Divorce petition - Despite re-marriage by the act of a party who obtained decree of divorce or annulment of marriage, other party's right and remedy to seek for setting aside ex-parte decree or to file appeal against the decree as per statutory provisions is in no..........

HYDERABAD HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Appeal - Divorce petition - Once it is shown that applicant has no knowledge of the proceedings and not served with summons in filing application within one month from date of knowledge as per Art.123 of Limitation Act as substituted service is no proper service, rejection of her application..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Husband contended that he has obtained an ex-parte decree of divorce against wife in U.K thus she is not entitled to any relief under the Act - Contention rejected as ex-parte decree has not become final and same will not defeat rights of wife under local law i.e PWDV Act - Wife, held,..........

Showing : 21-30 of 66 Results