Back
SHREE CHANDRASHEKHAR, RATNAKER BHENGRA
Khushbu Devi @ Kumari Khushbu, wife of Shekhar Kumar Swarnkar – Appellant
Versus
Shekhar Kumar Swarnkar, son of Hirender Prasad Swarnkar – Respondent
ORDER :
Shree Chandrashekhar, J.
Kumari Khushbu whose marriage was solemnized with Shekhar Kumar Swarnkar in the year 2014 is aggrieved by the order dated 18th August 2018 passed in Original Suit No. 89 of 2018 (in short, “Restitution Suit”).
2. By the aforesaid judgment dated 18th August 2018 the Restitution Suit filed by the respondent was allowed ex-parte against the appellant.
3. In the order dated 18th August 2018, the Family Court has recorded as under:
Firstly, one party must have withdrawn from the society of the other,
secondly, the withdrawal must be without any reasonable reason,
and thirdly, the aggrieved party applies for the restitution of conjugal rights.
10. On close scrutiny of the ex-parte evidence brought on record through affidavit in this case, it is is clear that
The defendant is legally married wife of the plaintiff. Out of their conjugal union a daughter was born, who is about 3 years old.
Presently, the defendant is not residing with the plaintiff rather she has been residing at her parental place.
The plaintiff and his witnesses have consistently stated that they did not know the reason behind the defendant's departu
The legal principle established is that substituted service of summons should be a last resort, and the court must ensure that there are valid reasons to believe that the defendant was evading servic....
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 burden of proof in restitution of conjugal rights lies with the withdrawing spouse to show reasonable cause for separation; the court affirms joint responsibility in marriage.
(1) Every marriage solemnized in contravention of one or other conditions prescribed for valid marriage is not void.(2) Setting aside ex-parte judgment – Every summon shall be accompanied by a copy o....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
