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VIVEK RUSIA
Girjesh – Appellant
Versus
Sandhya – Respondent
ORDER
1. The petitioner/husband has filed the present petition under Article. 227 of the Constitution of India, being aggrieved by order dated 27.9.2021 whereby the application filed by the respondent/wife under Order 9 rule 13 of the C.P.C. has been allowed and exparte judgment and decree dated 14.2.2020 has been set aside.
2. Facts of the case in short are as under:-
i. The marriage of the petitioner and respondent held 10 years ago under Hindu rituals and customs. Out of their wedlock respondent gave birth to a female child who is at present is 9 years old. The respondent is working as ASHA Karyakarta in Gram Panchayat, Chandrapura DistrictNeemuch. A dispute arose between husband and wife, and they have started living separately. Mediation and conciliation took place between them, but failed . Hence the petitioner filed a petition under section 13 of the Hindu Marriage Act before the Second Addl. District Judge, Manasa, District-Neemuch seeking dissolution of marriage. Notice was issued to the wife respondent and despite service she did not appear on dated 9.1.2020 accordingly she was proceeded ex-parte. Learned Addl. District Judge has passed an exparte judgment and decree dated 1
The main legal point established is the requirement to prove proper service of notice in divorce proceedings and the validity of setting aside an ex-parte decree under Order 9 Rule 13 CPC.
Ex-parte decree cannot be set aside for mere asking when summons were duly served on correct address.
The main legal point established in the judgment is that the Family Court must ensure proper service of notice to the respondent, as per legal requirements, before proceeding with an ex parte judgmen....
The main legal point established is that the service of notice in legal proceedings should be real and meaningful, not a mere formality, to allow the other party to represent themselves before the co....
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 main legal point established in the judgment is that the service of summons must adhere to the requirements of Order 5 Rule 15 of C.P.C., including making necessary enquiries to determine the abs....
Annulment of marriage by ex-parte decree – Service of summons to a wife in a matrimonial dispute concerning divorce is a serious matter and service cannot be presumed.
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