...application was moved by Basappa under Section 13(1)(i-b) of the Hindu Marriage Act, 1955. The said divorce petition came to be decreed ex parte against the respondent on 15-12-1989. It is the case...) is mentioned an order under Rule 13 of Order IX rejecting an application (in a case open to appeal) for an order to set aside a decree passed ex parte. It cannot be disputed that a decree granting divorce under Section 13(1)(i...be got set aside by the surviving spouse either by filing an appeal or by moving an application under Order IX Rule 13 CPC for getting it set aside if it is an ex parte decree. The answer to the question will depend upon the legal effects of such a decree of divorce passed by the trial court under Section 13(1) of...

...1. This appeal is directed against the decision of the Subordinate Judge 1st Class Bhatinda dissolving the appellant's marriage with the respondent under Section 13(1) (ix) of the Hindu Marriage Act, 1955. There is no dispute on facts. The appellant suffered an ex parte decree for restitution of conjugal rights. That decree was never executed and after the lapse of two years, the present petition for divorce was...under Section 13(1)(ix) of the Act. The petition was opposed mainly on the grounds that the ex parte decree for restitution of conjugal...of compliance with the decree for a period of two years and, thus the respondent is not entitled to a decree for divorce. I an unable to agree with this contention. Clause (ix) of Sub-section (1) of...

...impugned judgment ex parte decree of divorce under Section 13(1)(ia) of Hindu Marriage Act has been passed against the appellant. During pendency of the appeal the matter...to press this appeal. Paras 1 & 2 of the affidavit are relevant which read as under: 01 . यह है कि शपथग्रहिता/अपीलांट की ओर से माननीय न्यायालय के समक्ष...

...parties in terms of Settlement Deed/MOU dated 01.12.2023. The marriage between petitioner No. 1 and respondent No. 2 has been dissolved by ex- parte decree of divorce dated 12.04.2018 under Section 13(1)(ia...of. CRL.M.C. 4284/2024 1. Petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been preferred on... CRL.M.C. 4284/2024 Page 1 of 2 $~80 * IN THE HIGH COURT OF DELHI AT NEW DELHI...

..., the said matrimonial suit was decreed ex parte on June 29, 2009 thereby decreeing the suit ex parte and declaring that the marriage ties between the parties be dissolved by the decree for divorce under Section 13(1)(ia...summons is not at all a ground for setting aside the ex parte decree under Order 9 Rule 13 of the C.P.CHe has also drawn my attention to the fact that, during the...the instance of the husband under Section 13(1)(ia) of the Hindu Marriage Act, 1955 and so, when a decree of desolution of marriage is passed, the marriage tie between the two...

...granting divorce under Section 13(1)(ia) of the Hindu Marriage Act. That was an ex parte order.2. The learned counsel for the appellant was requested to explain.... Appeal are dismissed as not pressed without any fetter on the right of the petitioner to file an appropriate application before the Family Court to set aside the ex parte order for divorce passed...whether any application had been filed to get the ex parte order set aside. In the alternative, the counsel was requested to explain how the challenge on merits against the ex parte order can be...

...MTS No. 198 of 2015 under Section 13 (I) (1-a) of the Hindu Marriage Act for dissolution of marriage for decree of divorce. The matter is going ex-parte, as opposite party no...

...JUDGMENTK.T Sankaran J.,The petitioner filed O.P(HM) No. 655 of 2011 on the file of the Family Court, Thodupuzha against the respondent for divorce under Section 13(1)(ib) of the Hindu Marriage Act. The respondent was ex-parte before...held that unless and until there is evidence to prove the validity of the marriage, Section 13(1)(ib) of the Hindu Marriage Act cannot be invoked. The Family Court also...place on 15.11.2003 and they resided together. In that wedlock two children were born. It was also stated that O.P(HM) No. 48 of 2008 was filed by the petitioner for divorce on the ground of cruelty. It...

...appellant is the wife of the respondent. The respondent filed a petition for divorce under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 on the ground of cruelty. The appellant was set ex-parte on...PRAYER: Appeal filed under Section 19 of the Family Courts Act, 1984 against the order and decreetal...21.06.2018 and thereafter filed an application to set aside the same. The said application was allowed on terms. As she did not comply with the terms, she was set ex-parte and...

...ground of desertion. The said petitioner was moved by Shri Basappa under Section 13(1)(i-b) of the Hindu Marriage Act, 1955. The said divorce petition came to be decreed ex parte against...the respondent was already dead by the time the respondent filed the application under Order IX Rule 13 of the Code of Civil Procedure for setting aside the ex parte decree...Procedure for setting aside the ex parte divorce decree passed on 15-12-1989. According to Smt. Shantawa she had come to know about the ex-parte divorce decree only on 31-3-1990 and she had not been served...

...an order to set aside a decree passed ex-parte. It cannot be disputed that a decree granting divorce under Section 13(1)(i-b) whether ex parte or bipartite is a decree which.../- on 18 of April 2011.The appellant made endeavor to set aside the ex-parte decree by submitting application under Order 9 Rule 13 read with Section 151 CPC on...revision application for that purpose but the order of the trial Court refusing to set aside the ex parte decree was clearly appealable under Order XLIII Rule 1(d) CPC which...

..., New Delhi in H.M.A. No. 277/2022, titled as "Rahul Khatana v. Deepti Khatana", whereby an ex-parte decree of divorce has been passed against the appellant under Section 13(1)(ia...consent under Section 13B(1) of the HMA on the basis of a compromise/M.O.U., entered between the parties. However, the Second Motion of divorce could not be passed. Later on, the respondent filed this petition for divorce under Section 13(1)(ia)&(ib) of the HMA on 22.02.2022 in which the Impugned ex- parte Judgement...under Section 13(1)(ia) and (ib) of the HMA, which was rightly allowed by the learned Family Court vide the ex-parte Impugned Order. 16. In the reply, it is...

...Order 9 Rule 13 of the Code of Civil Procedure can be resorted to for setting aside the ex parte divorce decree even though such decree is appellable under Section 28(1) of the Hindu Marriage Act, as the said provision regarding appeal does not even by necessary implication excludes the application under Order 9 Rule 13 of...ex parte. It cannot be disputed that a decree granting divorce under Section 13(1)(i-b) whether ex parte or bipartite is a decree which is appealable under...Fuerst Day Lawson Ltd. v. Jindal Exports Ltd.. reported in AIR 2011 SC 2649. Lastly he contends that a decree, be it contested or ex parte, is appellable under Section 28 of the said Act and...

...clause (d) is mentioned an order under Rule 13 of Order IX rejecting an application (in a case open to appeal) for an order to set aside a decree passed ex parte. It cannot be disputed that a decree granting divorce under Section 13(1)(i...Petition. The above Judgment is on the facts of its own case and was case of setting aside the Ex-Parte Divorce decree by the High Court by allowing the Application under Order 9, Rule 13, where...in (1997) 11 SCC 159. In the above case, an Application under Order 9, Rule 13, Civil Procedure Code to set aside Ex- Parte...

...clause (d) is mentioned an order under Rule 13 of Order IX rejecting an application (in a case open to appeal) for an order to set aside a decree passed ex parte. It cannot be disputed that a decree granting divorce under Section 13(1)(i...Petition. The above Judgment is on the facts of its own case and was case of setting aside the Ex-Parte Divorce decree by the High Court by allowing the Application under Order 9, Rule 13, where...in (1997) 11 SCC 159. In the above case, an Application under Order 9, Rule 13, Civil Procedure Code to set aside Ex- Parte...

...petitioner. Out of the wedlock, one daughter was born. Thereafter, on the ground of cruelty and physical abuses, petitioner filed a divorce petition under Section 13(1)(i-a) of Hindu Marriage Act, 1955 before the Principal Judge, Family Court, Dehradun. The divorce suit was decreed ex-parte. Against...Case Crime No. 126 of 2013 filed under Section 498-A, 323, 506 of I.P.C and 3/4 of Dowry Prohibition Act, at Police Station Rajpur, District Dehradun. In the writ petition...the ex-parte decree, the respondent no. 3 filed an application for...

...matrimonial home at her own accord. The District Judge, on appreciation of evidences, passed an ex parte decree under Section 13A of Judicial separation instead of decree for dissolution of marriage by a decree of divorce under Section 13(1)(ia...of marriage by a decree of divorce under section 13(1)(i-a) of treating the husband with cruelty as the appellant used to tease him by making allegations and aspersions against the husband of his...judicial separation passed under Section 13A of the Act cannot be sustained for reasons to follow. 7. True, when an appeal is filed against an ex parte decree under Section 96(2), CPC...

.../husband, they are living separately since 2004. The petition seeking divorce was filed by the respondent/husband under Section 13 (1)(ia) and (ib) of the HMA on 01.06.2007. A notice was issued to the appellant/wife. Despite service, the appellant/wife decided not to appear in the matter. The appellant/wife was proceeded ex-parte on 25.03.2008. Thereafter, on 03.05.2008, an ex-parte decree of divorce was...under Section 13 (1) (ia) and (ib) of HMA by the Family Court. Page 2 of 6 9. Mr...appellant/wife, it would be necessary to peruse the application dated 17.03.2013 filed by her under Order IX Rule 13 of CPC for setting aside the ex parte judgment and decree dated 03.05.2008. The only...

...Section 13 of the Hindu Marriage Act, which has been allowed vide ex-parte order dated 02.03.2012 (Annexure P/1). Thereafter, the respondent filed an application under Order 9 Rule 13 CPC for setting aside the ex-parte decree alleging that neither the petitioner had given correct address of the respondent in the divorce petition...of the Court.Heard.Brief facts relevant for disposal of the revision petition are that petitioner filed a divorce petition under...Paramjeet Singh, J. (Oral)Present revision petition has been filed under Article 227 of the...

...28.10.2017 passed by the learned trial court and the respondent herein was directed to lead evidence in ex parte. 1 3. The learned trial court after recording the ex parte evidence, passed ex parte judgment and decree dated 31.03.2018 whereby the petition of the respondent was accepted and ex parte decree of divorce under section 13(1..., whereby his application under Order IX Rule 13 of the Code of Civil Procedure(CPC) for setting aside ex parte judgment and decree dated 31.03.2018 passed by the same court, has been dismissed.... 4. It appears that the appellant herein filed an application under Order IX Rule 13 of the CPC seeking setting aside of ex parte judgment and decree dated 31.03.2018 and...