Bombay High Court
Hemraj Shamrao Umredkar
Versus
Leela
Decided On:

Headnote:Sections 21, 24, 25-Setting aside of ex parte decree of divorce-Interim maintenance application maintainable-Expression wife and husband-Held, they are descriptive denoting party to marriage and not pre-suffering existing qural relationship.

       Section 21 of the Hindu Marriage Act, engrafts the relevant provisions of Code of Civil Procedure into the Act for regulating the procedure, and independently of Section 21, of the Civil P. C. would have no application. Therefore, though the procedure for setting aside the ex parte decree would be regulated by the Civil P. C. it would only be a proceeding under the Act by virtue of Sections 21 of the Act. The view that I am taking is supported by the observations in Rishi Dev Anand v. Smt. Devinder Kaur, AIR 1985 Delhi 40 and the view taken by the learned trial Judge on this point is correct.

       For Citation : AIR 1989 Bom 146 at p. 147