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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ARINDAM SINHA, SATYA VEER SINGH
Geeta Rani – Appellant
Versus
Maya Devi – Respondent
JUDGMENT :
Arindam Sinha, J.
1. The appeal stands preferred against judgment dated 6th October, 2025 of the Family Court, allowing the applications made by respondent in the original matrimonial case, for condonation of delay and setting aside ex-parte judgment dated 13th November, 1991.
2. By said ex-parte impugned judgment dated 13th November, 1991 the marriage of respondent no. 1 with her husband, since deceased stood dissolved. During his life time said deceased husband remarried. Appellants are the second wife and her children. Respondents are first wife and her children. The man died on 12th April, 2023. Respondent no. 1 through her brother applied for death benefits from his employer. On being told there was already claim made by the widow (the second wife)/appellant no. 1, respondent no. 1 approached the Family Court on gross delay, for setting aside the ex-parte judgment and decree with application for condonation of delay. By impugned judgment dated 6th October, 2025, the delay was condoned and the ex-parte judgment and decree dated 13th November, 1991 set aside, for the matrimonial case being restored to its original file and number. Furthermore, the matrimonial case itself
A matrimonial decree cannot be set aside after the decree holder's death; right to sue does not survive in such cases, rendering proceedings abated.
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....
The court established that a decree of divorce, whether contested or ex-parte, allows either party to remarry once the appeal period has expired, as per Section 15 of the Hindu Marriage Act, 1955.
Courts should not dismiss petitions for minor procedural irregularities when no prejudice is shown, emphasizing the importance of pursuing substantial justice.
Once an ex-parte decree is merged with an appellate decree, an application under Order 9 Rule 13 CPC is not maintainable as per legislative intent.
The court emphasized the necessity of proper service of notice in family law proceedings to uphold the right to a fair hearing, determining that procedural missteps can lead to serious miscarriages o....
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