Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte divorce decree in favour of husband - Husband thereafter undergoing second marriage - Exparte decree set aside - Held, second marriage automatically becomes void...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Exparte decree - Setting aside - Limitation - 30 days from the date of passing of the exparte decree if defendant was duly served - Where defendant was not duly served, such an application can be filed within the aforesaid period commencing from the date of knowledge of the exparte decree...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Exparte decree - Setting aside - Report of process server that wife refused to accept summons - Person identifying wife not known to process server - Process server did not knew defendant personally - Process server had not called any Panch, Sarpanch, Lambardar or Chowkidar of the..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, 20 -- Exparte decree - Setting aside - Report of refusal to accept summons - Substituted service by beat of drums in the village - Such mode for effecting service also not adopted and no copy of summons and petition affixed on residential home of the wife - Exparte decree set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Substituted service - Publication in newspaper - Copy of newspaper not sent to house of defendant by registered post by newspaper authorities - No evidence that said newspaper was having circulation in the said area - Proper service of summons was..........
Consent decree -- Pardanashin lady or an illiterate lady - Defendant was made to understand the contents of plaint and written statement by counsel as well as by Presiding Officer of Court and defendant thumb marked the written statement as well as her statement in Court, after duly understanding the same - Held, defendant cannot be permitted to resile from the same later..........
Consent decree -- Such decree is as good as a decree obtained after consent and binds all concerned unless and until the same is set aside or avoided in one of the permissible ways...........
Consent decree -- Court should take a very liberal and broad view of the validity of the family settlement and should try to uphold it and maintain it and if by consent of parties, a matter has been settled it should not be allowed to reopen by the parties to the agreement on frivolous grounds...........
Consent decree -- Challenged on the ground of fraud, misrepresentation and undue influence - Allegation of fraud, misrepresentation and undue influence must be clearly pleaded and then proved by clear and cogent evidence - Family settlement arrived at between the family members in the presence of relatives - Held, plea that thumb impression was obtained on written..........
Consent decree -- Registration - Right in the property are not transferred for the first time by virtue of the consent decree - Consent decree cannot be said to be bad for want of registration...........
