Ex-Parte Divorce Decree Archives

Unchallenged testimony not enough for cruelty claim

‘Trial Court cannot grant divorce merely for wife’s absence’; Bombay HC sets aside ex parte divorce granted on Husband’s unchallenged testimony

“The only reason why the Trial Court found that the wife has treated the husband with cruelty is, that the testimony of the husband had gone unchallenged.”

Case Briefs High Courts

Rajasthan HC holds notice returned ‘unclaimed’ not valid service; Sets aside ex-parte divorce decree

“A refusal for the purpose of service of notice should be taken to be a sufficient service, if such refusal is by the addressee or by the noticee himself/herself.”

Case Briefs High Courts

Del HC | Wife’s application for setting aside ex-parte divorce decree rejected in absence of application for condonation of more than 4 years’ delay

Delhi High Court: A Bench of G.S. Sistani and Jyoti Singh, JJ., dismissed an appeal filed by the appellant-wife against the order of

Case Briefs High Courts

Del HC | Ex-parte divorce decree set aside on wife’s assurance of not to delay the trial

Delhi High Court: Division Bench of Jyoti Singh and G.S. Sistani, JJ. allowed an appeal filed against the order of Family Court whereby

Case Briefs High Courts

Application to set aside ex-parte divorce decree by a spouse is not rendered infructuous by remarriage of opposite spouse

Kerala High Court: A Division Bench comprising of C.K. Abdul Rehim and R. Narayana Pisharadi, JJ. while hearing a matrimonial appeal ruled