Civil Procedure Code, 1908, Order 9, Rule 6, Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Non appearance of wife in the proceedings - Not always necessarily entail that an ex parte decree would follow - If evidence adduced does not support claim of petitioner, Court cannot pass an ex parte decree - There is an obligation on the..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Exparte decree - Setting aside - Delay of 979 days in filing application for setting aside ex parte divorce decree - Wife was not properly served in the divorce petition - Acknowledgement card showing wife was served with some notice is not supported by an affidavit of service - Matter..........
Hindu Marriage Act, 1955, Section 15 -- Ex parte decree of divorce - Re-marriage by husband after limitation to file appeal against ex parte decree expired - S.15 of the Act permits marriage after dissolution, if there is no right of appeal against decree or if there is such a right of appeal, but time for appealing has expired without an appeal having been presented -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Ex parte divorce decree against wife - Divorce decree passed without contest and without hearing wife - Interest of justice would be sub served if an opportunity is given to wife to contest the case - Ex pare decree set aside...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte divorce decree - Setting aside - Condonation of delay - Notice sent by registered post and no notice was issued to be served personally - Action of Family Court in dispensing with personal service impliedly without passing any order justifying it, cannot be countenanced..........
Protection of Women From Domestic Violence Act, 2005, Section 20, 21, 22, 23 -- Divorced wife - If an act of domestic violence is committed by husband, subsequent decree of divorce will not absolve liability of husband from offence committed or to deny benefit to which aggrieved person is entitled under the Act including monetary relief u/s 20 of the Act, child custody u/s..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Summon to wife sent through registered post at wrong address - Wife thus, was not served with summons of divorce petition - She was prevented from attending proceedings by sufficient reason - Ex parte divorce decree set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte divorce decree - Setting aside - Substituted service - Summons issued once but not received back - Summons not sent by registered post despite such a direction - No attempt made to serve summons on defendant and defendant did not avoid service of summons - Defendant not..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Wife not served with summons and her signatures were obtained on blank papers by her husband and later on misused by converting them into a power of Attorney on her behalf - She came to know of ex parte divorce decree obtained against her by husband only after his death..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13 -- Divorce - Ex-parte decree - Setting aside - Wife even after death of her husband did have a right to challenge ex-parte decree of divorce obtained by her husband...........
