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SANDEEP MEHTA, VINOD KUMAR BHARWANI
Dulari Devi – Appellant
Versus
Dilip Poddar – Respondent
JUDGMENT
The instant misc. appeal has been preferred by the appellant Dulari Devi for assailing the order dated 19.2.2020 passed by the learned Judge, Family Court, Churu in Misc. Case No. 131/2018, whereby the application preferred by the appellant under Order 9 Rule 13 read with Section 151 C.P.C. was dismissed.
2. We have heard and considered the submissions advanced by the counsel representing the appellant and have gone through the impugned order.
3. The respondent filed an application under Section 13 of the Hindu Marriage Act on 4.4.2018. Notice of the application was served on the appellant, who failed to appear despite service of notice, whereupon the learned Family Court proceeded to accept the application preferred by the respondent husband and passed an ex-parte decree dated 17.7.2018 directing dissolution of marriage of the appellant and the respondent. The appellant filed the application under Order 9 Rule 13 read with Section 151 C.P.C. alleging that as a matter of fact, the notice of the application was never served on her. She was made to sign the summon by keeping her in dark. The respondent fraudulently got her to sign an agreement dated 28.2.2018. The appellant
Ex-parte decree cannot be set aside for mere asking when summons were duly served on correct address.
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.
(1) Exparte decree of divorce – Summons – Even if there is any irregularity in service of summons, still in view of second proviso to Rule 13 of Order IX ex-parte decree cannot be set aside on ground....
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 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....
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....
An ex-parte decree can only be set aside if sufficient cause for non-appearance is demonstrated, which was not established in this case.
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....
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