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SUDESH BANSAL
Udaiveer Singh – Appellant
Versus
Kusum Singh – Respondent
JUDGMENT
1. This revision petition under Section 115 CPC has been filed by the petitioner-non-applicant-husband (hereinafter 'the husband') against the order dated 1-12-2018 in Misc. Case No.12/2018 (CIS No.9/2018) passed by Additional District Judge Laxmangarh, District Sikar allowing application under Order 9 Rule 13 CPC and set aside the ex-parte divorce decree dated 14-2-2017 in Case No.278/2016, in favour of the respondent-applicant- wife (hereinafter 'the wife') in a case where ex-parte decree of divorce was granted in favour of husband and against the wife.
2. Heard learned counsel for the parties, and perused the impugned order dated 1-12-2018 passed by the trial court.
3. Facts of the case are that the husband filed a divorce petition on 24-9- 2016 for dissolution of marriage with the applicant wife performed on 11- 3-2011 claiming that from their wedlock a son Ujjwal chaudhary was born and due to disputes between husband and wife, on 3-4-2013 the wife left matrimonial home and did not return thereafter. Therefore, he filed divorce petition inter alia alleging therein about several misbehaviour of the wife. The court on 2-1-2017 ordered for ex-parte proceedings against the w
The main legal point established is the requirement to prove proper service of notice in divorce proceedings and the validity of setting aside an ex-parte decree under Order 9 Rule 13 CPC.
An ex parte divorce decree can be challenged posthumously by the aggrieved spouse, reaffirming the right to contest divorce and the necessity of proper service in accordance with established legal pr....
(1) Exparte decree of divorce – Summons – Even if there is any irregularity in service of summons, still in view of second proviso to Rule 13 of Order IX ex-parte decree cannot be set aside on ground....
The main legal point established in the judgment is that an ex parte decree cannot be set aside on the ground of irregularity in the service of summons if the defendant had notice of the date of hear....
The importance of satisfying the conditions for setting aside an ex-parte decree and the need for evidence to support claims in legal proceedings.
Divorce – Ex parte decree – Setting aside – When respondent-wife has clarified actual facts proving report of refusal on notice as incorrect, it is just and proper to set aside ex parte decree of dis....
The main legal point established in the judgment is that the Family Court must ensure proper service of notice to the respondent, as per legal requirements, before proceeding with an ex parte judgmen....
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