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..........
Civil Procedure Code, 1908, Order 5, Rule 17, Hindu Marriage Act, 1955, Section 13 -- Divorce - Ex parte decree obtained by fraud - Setting aside of - Condonation of delay - Held, it is well known proposition of law that fraud vitiates everything - In a given case, delay of few days may not be condoned and in a given case, delay of years can be condoned, as per facts of..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 15 -- Ex parte divorce decree - Setting aside - Opposed by husband on the ground that he remarried and has one child from the second marriage - There was no service of summons in the divorce petition on the wife at all - Husband performed second marriage within three days of passing of ex..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Setting aside - After passing of the decree husband remarried - Held, just because husband has remarried, the requirement of proper service cannot be done away with...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Divorce - Exparte decree - Setting aside of - Condonation of delay - No knowledge of ex parte decree, held, to be sufficient cause for condonation of delay - Decree set aside...........
