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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Shakuntla Devi – Appellant
Versus
Kushla Devi – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The present appeal is directed against the order dated 30.12.2014, passed by learned District Judge, Kangra at Dharamshala, District Kangra, H.P., vide which, an application under Order 9 Rule 13 of CPC filed by the respondent (applicant before the learned Trial Court) was allowed and the ex parte decree of divorce passed against her in HMP No. 54-P/III/2004, titled “ Dhani Chand Vs. Kushla Devi ” was set aside.(Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).
2. Briefly stated, the facts giving rise to the present appeal are that Dhani Chand, husband of the applicant filed a petition for dissolution of marriage, which was registered as HMP No. 54-P/III/2004 titled as “ Dhani Chand Vs. Kushla Devi . The notices were issued to the present applicant. The applicant could not be served for want of the correct address. The husband of the applicant filed an application under Order 5 Rule 20(IA) of CPC for service of the applicant through publication, which was allowed on 01.03.2007. The applicant was ordered to be summoned by way of publication. The notice was duly published in Am
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....
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 importance of satisfying the conditions for setting aside an ex-parte decree and the need for evidence to support claims in legal proceedings.
The Court emphasized the importance of due consideration in ordering substituted service and the need for clear knowledge of the particular decree sought to be set aside.
The main legal point established is the importance of considering the maintainability of applications before granting interim orders and the need to expedite pending cases without disturbing interim ....
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