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Results of ex parte divorce

Showing : 31-40 of 66 Results

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,..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2014
Details

Hindu Marriage Act, 1955, Section 13(1A)(ii), 9 -- Divorce - Ex parte decree of restitution of conjugal rights in favour of husband - No cohabitation between parties for one year of passing of decree - Divorce can be granted to wife irrespective of the fact that there was refusal to resume cohabitation by wife and petition for execution of ex parte decree for restitution..........

RAJASTHAN HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree of divorce - Setting aside - Wife sent a letter to Family Court at place `J' expressing that she was unable to travel upto place `J' and to defend proceedings there - She was also making efforts to approach Supreme Court by filing a petition for transfer of case - No finding recorded by Family Court while..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2014
Details

Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife alleges that during her stay with husband she was being treated with cruelty for no, fulfillment of dowry demands - Said fact is corroborated by brother of wife, who though 11 years of age at the time of marriage but was not ignorant of the fact that how his parents satisfying the demands raised by..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2014
Details

Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Wife unsuccessfully lodged criminal prosecution against husband and having failed therein turned around and harassed him and his family members by way of protracted matrimonial litigation in the form of Ss.13-B & 13 of Hindu Marriage Act - During the intervening stage of these proceedings she was..........

UTTARAKHAND HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree of divorce - Setting aside - Delay of 13 days - Wife came to know about ex parte divorce decree when she was informed by husband on telephone - Delay sufficiently explained - Delay of 13 days in filing application is not such a delay, which should be disallowed by Court,..........

UTTARAKHAND HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, Hindu Marriage Act, 1955, Section 13 -- Ex parte decree of divorce - Setting aside - Service of summons through publication - Summons when received back with endorsement `unclaimed' Court without resorting to provision of O.5.R.17 which provides service by affixation resorted to..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex parte decree - Setting aside - Service of summons - Report of refusal - There is no presumption as to proof of service of summons on a person who had prior knowledge of the pendency of divorce petition in a police station - Even then she needs to be served with the summons to..........

ALLAHABAD HIGH COURT

Year of decision: 2013
Details

Indian Penal Code, 1860, Section 494 -- Second marriage - Ex parte divorce decree obtained by fraud - A decree obtained by fraud is not a decree in the eyes of law - Ex parte divorce decree obtained by fraud set aside - Held, the argument of non existence of first marriage on the date of second marriage cannot be accepted...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Ex parte decree in favour of wife - Appeal against by husband - Endeavour of husband to harass the wife - Wife proved on record that husband had time and again raised demands of dowry - On failure of wife to meet the demands she was given a beating on many occasions - Husband first gave his consent for mutual divorce..........

Showing : 31-40 of 66 Results