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..........
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...........
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..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Setting aside - There is no law that whenever one of the spouses contacts second marriage, after obtaining a decree of divorce, the decree cannot be set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Application by wife to set aside - Plea of remarriage by husband - There is no reason for Court to be influenced by the alien factors...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte divorce decree - Setting aside - Service through Munadi - House number not mentioned in the summons - Process Server also does not know the number of any building where the affixation took place - Such type of service by Munadi in a sub-urban area without making a..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - Complaint lodged against Husband and other family members - Quashment - Wife obtained ex-parte decree of divorce during pendency of criminal proceedings - Held, when ex parte decree of divorce obtained..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Setting aside - Husband remarried after expiry of limitation period to file appeal - Application to set aside ex parte decree is maintainable even when husband remarries after expiry of period of limitation to file appeal - In the instant case wife had no..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Setting aside - Husband remarried after passing of the ex parte decree - Held, when sufficient ground is established for setting aside ex parte decree, relief cannot be denied merely because the other party has performed remarriage after ex parte judgment and..........
Hindu Marriage Act, 1955, Section 15, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree of divorce - Re-marriage - When permissible? - Held, circumstances in which a party to the decree of divorce can lawfully remarry emerges as follows - (i) If an application U.O.9.R.13 of CPC for setting aside an ex parte decree of divorce is not filed within the period of..........
