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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ARUN MONGA, YOGENDRA KUMAR PUROHIT
Nirmala, W/o Vijay Kumar – Appellant
Versus
Vijay Kumar Gehlot, S/o Roopa Ram – Respondent
| Table of Content |
|---|
| 1. dissolution of marriage under hindu marriage act. (Para 1 , 2) |
| 2. procedural observations on trial conduct. (Para 3 , 6 , 8) |
| 3. allegations of impropriety in trial process. (Para 4) |
| 4. setting aside ex parte judgment for fair trial. (Para 9) |
| 5. dismissal of appeal and remand for retrial. (Para 10 , 11) |
ORDER :
1. Appeal herein is directed against the ex-parte judgment and decree dated 05.03.2024 passed by learned Family Court No.1, Bikaner whereby the marriage between appellant – wife and the respondent – husband was dissolved under Section 13 of the Hindu Marriage Act, 1955.
2. The respondent/husband of the appellant, filed a petition under Section 13 of the Hindu Marriage Act, 1955 seeking dissolution of marriage on the grounds of cruelty and desertion. Notices were issued to the appellant on 15.03.2023. Thereafter, upon hearing only the counsel for the respondent and in the absence of the appellant, the learned Trial Court proceed ex parte to allow the petition. Thus an ex parte decree of dissolution of marriage was passed vide judgment dated 05.03.2024.
3. In the aforesaid factual background, we have heard the rival contentions and perused the case record.
4. Lear
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.
Divorce – Merely because proceeding has been ordered to be decided ex parte, does not mean that proceeding has to be decreed automatically.
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....
Exparte decree – Setting aside – Every conclusion must be well supported by adequate reasons and if issue is arising that case has not been properly dealt with, same would be relevant circumstance fo....
The decree of divorce is valid under the principles of desertion and mental cruelty when substantial evidence supports breakdown of marriage.
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