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SUDESH BANSAL
Mukraj – Appellant
Versus
Geeta Bai Meena – Respondent
JUDGMENT
Sudesh Bansal, J. - Petitioner-husband has preferred this revision petition under Section 115 of the Code of Civil Procedure, assailing the Order dated 12.01.2021 passed in Civil Misc. Application No.36/2019 by the Court of Civil Judge & Judicial Magistrate, Gangapur City, whereby and whereunder on the application of respondent-wife filed under Order 9 Rule 13 CPC, an ex parte decree dated 15.02.2019 for dissolution of marriage dated 11.03.2012 passed in Civil Suit No.106/2018 titled Mukraj Vs. Geeta Bai has been quashed and consequently, ex parte proceedings in the divorce petition against the respondent-wife have been set aside.
2. Heard counsel for both parties, perused the impugned order and material placed on record.
3. From the record, it is undisputed fact that parties belong to Meena Caste and their marriage was solemnized according to the rights and customs of their cast on 11.03.2012 at Village Barh Ramser. Out of this wedlock, one girl child born, who is minor and presently residing with respondent-wife. It is also not in dispute that petitioner-husband is Junior Engineer and presently posted in JVVNL, District Karauli.
4. Petitioner-husband filed a civil suit on 09
Non-service of notice and obtaining ex parte decree through false means can lead to the setting aside of the decree within the limitation period.
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 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.
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....
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....
The right to a fair hearing must be upheld in legal proceedings; ex-parte decrees are void if due process and opportunities to defend are denied.
The importance of following proper procedures for serving notice and providing the respondent with a fair opportunity to contest the case before the trial court.
Setting aside ex-parte decree for dissolution of marriage – Service of notice on respondent must be served simultaneously through registered post as well as Process Server.
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