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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI, ANAND SHARMA
Vijay Upadhyay, S/o Sh. Ganpat Lal – Appellant
Versus
Lalita, W/o Sh. Vijay Upadhyay – Respondent
JUDGMENT :
ANAND SHARMA, J.
1. This DBCMA under Section 19 of the Family Courts Act, 1984 has been filed by the appellant-husband against the order dated 26.11.2024 passed by learned Judge, Family Court No.1, Udaipur in Civil Misc. Case No.42/2019 whereby an application moved on his behalf under Order IX Rule 13 read with Section 151 CPC for setting aside judgment and decree dated 20.09.2017, has been dismissed.
2. Brief facts giving rise to the instant appeal are that the respondent-wife filed one divorce petition under Section 13 of the Hindu Marriage Act, 1955 against the appellant-husband for dissolution of their marriage, solemnized on 15.05.2010.
3. It is stated that on the aforesaid divorce petition, notices were issued for effectuating service upon the appellant through registered post with AD on 23.03.2017, returnable on 12.05.2019. Thereafter, it was mentioned in the order-sheets that despite service, the appellant did not appear before the court below. However, on account of the fact that the Presiding Officer was on leave, the matter was kept for 20.07.2017. On that day, ex-parte proceedings were drawn against the appellant; and in furtherance thereof ex-parte judgment
Proper service of summons is essential; inaccuracies in address can invalidate ex-parte proceedings and necessitate a hearing for all parties in family disputes.
Annulment of marriage by ex-parte decree – Service of summons to a wife in a matrimonial dispute concerning divorce is a serious matter and service cannot be presumed.
The main legal point established is that the service of notice in legal proceedings should be real and meaningful, not a mere formality, to allow the other party to represent themselves before the co....
Setting aside ex-parte decree of divorce – For a defendant to succeed in application for setting aside ex-parte decree, he has to satisfy court that summons was not duly served or that he was prevent....
The intentional failure to serve the petitioner-husband on the correct address led to the quashing of the judgment and decree of divorce.
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....
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