Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 12, 17, 18, 20 -- Ex parte divorce decree - Setting aside - Publication in a Newspaper - No compliance of O.5.R.17 CPC - No endorsement by process server in terms of O.5.R.18 CPC - Process server not examined - Non compliance with the mandate of O.5.R.20 CPC before directing serve upon..........
Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree against wife - Appeal thereagainst - Counsel of husband directed to secure the presence of husband - Counsel of husband stated that he could not get in touch with him - Entire proceedings before Family Court orchestrated in such a way to defeat legitimate right of wife and also maintenance to minor child born..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband - Husband re-married after getting ex parte decree and first child begotten from said marriage - Marriage between parties irretrievably broken down - It is thus, appropriate to end the relationship between husband and wife and dissolve their marriage - However, since husband never contributed towards..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Procedure as envisaged under High Court Rules and Orders was not followed - Impugned order ordering party to proceeded against ex parte was taken in undue haste - Service by affixation as provided in O.5.R.17 CPC was not followed in the case - Matter remitted back to Court below for..........
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..........
Civil Procedure Code, 1908, Order 41, Rule 21 -- Ex parte divorce decree - Setting aside - Decree of divorce passed against wife in absence of his counsel - Even notice of appeal was not served to wife - Ex parte divorce decree passed without hearing wife - Ex parte divorce decree set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13, 15 -- Ex parte decree of divorce - Remarriage during pendency of application to set aside ex parte decree - Remarriage of spouse who obtained ex-parte decree of divorce will not render application for setting aside ex-parte decree infructuous - Remarriage of spouse is not a relevant factor..........
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..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Application to set aside ex parte decree not filed within 30 days of knowledge of ex parte decree - Meanwhile husband remarried - Where a party has solemnized a second marriage, issue concerning ex parte decree has to be decided keeping in view the interest of second wife - Courts..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Ex parte divorce decree - Mental disorder of wife - Husband did not adduce any medical evidence to prove that wife was suffering from any mental disorder - Even, impugned judgment does not contain a single sentence regarding reason for granting a decree of divorce - Trial Court has only stated that evidence of husband..........
