Showing : 1-10 of 15 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d)-- Ex parte divorce decree - Setting aside - Second marriage after passing of ex parte decree and expiry of limitation for filing appeal - Ex parte decree set aside in appeal filed against order refusing to condone delay to file application to set aside ex parte decree - Second wife not made party in..........
KERALA HIGH COURT
Year of decision: 2018
Details
Hindu Marriage Act, 1955, Section 13, 15, Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree of divorce - Remarriage during pendency of application to set aside ex parte decree - Remarriage after receipt of notice of application to set aside ex parte decree - An incapacity for second marriage for a certain period does not have effect of treating former marriage as..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte divorce decree - Setting aside - Proceedings U.O.9.R.13 CPC are not rendered infructous for the mere fact that husband contracted a second marriage after passing of ex parte decree of divorce in his favour...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte divorce decree against wife - Setting aside - Divorce petition filed by husband during pregnancy of wife - Though notice was served upon wife, but due to her critical condition in pregnancy she was prevented from appearing in Court - Application for setting aside ex parte decree filed..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib)-- Divorce - Petition by wife on ground of desertion and cruelty - Husband proceeded ex parte - Specific assertion by wife that immediately after her marriage husband started harassing and humiliating her for several reasons including about facial looks and also extended physical harassment -..........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 32, Rule 3, Hindu Marriage Act, 1955, Section 13-- Divorce petition - Petition filed by wife by pleading that husband become insane after marriage - Ex parte divorce decree passed without appointment of guardian of insane person - Ex parte divorce decree set aside having been passed against a person of unsound mind without following due procedure..........
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 when civil..........
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 occurred on..........
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..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13-- Ex parte divorce decree - Setting aside - There is no law that whenever one of the spouses contacts second marriage, after obtaining a decree of divorce, the decree cannot be set aside...........

Showing : 1-10 of 15 Results