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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ASHUTOSH KUMAR
Sohan Kumar Sankhala – Appellant
Versus
Laxmi Parewa – Respondent
ORDER :
ASHUTOSH KUMAR, J.
"No-one is present on behalf of the petitioner in the first round as well as in the second round. Dismissed in default. However, if the petitioner has fresh cause of action then he shall be at liberty to file a fresh petition."
"This application has been filed for recalling the order dated 15.09.2011 passed by this Court which is reproduced as under :
No-one is present on behalf of the petitioner in the first round as well as in the second round. Dismissed in default. However, if the petitioner has fresh cause of action then he shall be at liberty to file a fresh petition.
The petitioner has not filed fresh petition and in spite of that he has filed this application for recalling the order dated 15.09.2011.
The application is accordingly rejected.
However, the petitioner is free to move fresh petition under section 482 Cr.P.C. as ordered by this Court vide order dated 15.09.2011 within a period of two weeks from today."
15. Divorced persons when may marry again.—When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a right of appeal, the time for appealing has expired without an ap
A party absent during proceedings cannot recall a dismiss order without demonstrating a fresh cause of action.
The main legal point established in the judgment is that under Order XXIII Rule 1(3) of the Civil Procedure Code, a plaintiff can seek permission to withdraw from a suit with liberty to file a fresh ....
The remarriage of the spouse is not a relevant factor to be taken into account in deciding the merits of the application filed for setting aside the ex-parte decree of divorce.
Remarriage after annulment of marriage does not violate the law, rendering subsequent appeals infructuous.
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....
A party can file a fresh divorce petition under Section 13(1A)(ii) of the Hindu Marriage Act if the decree for restitution of conjugal rights is not enforced.
Matrimonial proceedings are based on a continuing cause of action, and the withdrawal of a previous petition for restitution of conjugal rights does not preclude the filing of a subsequent petition f....
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