Widow identity card -- Death of husband during pendency of application filed by wife to set aside ex parte decree - Petition dismissed as having abated - Stigma of divorce cannot be permitted to be hanging on the head of wife for her to be denied of any benefit, of being a spouse of ex-serviceman - No impediment can now be projected against wife for grant of an identity..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Parties are living separately for more than 10 years - Both the parties have levelled allegation against each other for not maintaining sanctity of marriage and their involvement in relationship outside of marriage - Number of criminal complaints were filed by wife against husband -..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife did not join husband nor did she comply with ex parte decree of restitution of conjugal rights passed in favour of husband - Un-impeached, un-controverted and unchallenged pleadings and evidence of husband constitute sufficient grounds to grant decree for divorce - Divorce..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte divorce decree - Setting aside - Endorsement of refusal - Amin or postal authorities not examined to prove that wife had refused to receive notice - Wife stated that she came to know about the proceedings only through reply can be reasonably considered in her favour - Even,..........
Hindu Marriage Act, 1955, Section 15 -- Ex parte divorce decree- Re-marriage - S.15 of the Act does not make any distinction between contested decree and an ex parte decree - Therefore, in case of an ex parte decree of divorce it shall be lawful for either party to the marriage to marry again if no appeal is filed against such decree within period of limitation...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Wife had been duly served with summons in divorce petition - There is no irregularity in service of summons - Wife had handed over the copy of divorce petition to her advocate which leads to conclusion that she had notice of date of hearing and had sufficient time to..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Settlement in between parties during pendency of appeal - Terms of settlement found lawful - Ex parte divorce decree already granted and wife will no longer assail the same as she has accepted the said dissolution of marriage - Appeal disposed of in terms of settlement agreement - Settlement agreement shall be read as part..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte divorce decree - Setting aside - Condonation of delay - Wife was duly served in the proceedings - She was thus, aware of filing of divorce petition - Wife was negligent and not interested in pursuing the proceedings - Even, the present appeal is filed belatedly after delay of 136 days..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 15 -- Ex parte divorce decree against wife - Setting aside - Father received summons by stating that she had gone out of station - Wife in her application did not state that she was not residing in the house of her father - Wife even in petition to High Court gave her address which is..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - One `R' was witness to the report of refusal of process server - `R' submitted his affidavit that he never signed on the report - Wife by her statement and other evidence proved that at the time of service of notice she was not living at the given address and no sufficient evidence in..........
