Civil Procedure Code, 1908
Order 9 Rule 13—Dismissal of application filed by wife seeking setting aside of ex parte judgment and decree of divorce—Appeal—Contention of appellant that she was not duly served and that she had no knowledge of divorce petition filed by respondent before the Court in Delhi—Unmerited—Procedure adopted for effecting the service on appellant was proper and the service was complete—No irregularity found in service of summons and appellant had been duly served with the summons in the divorce petition—On the basis of material on record the knowledge of divorce petition pending in the Court at Delhi could be attributed to the appellant—Appellant chose not to appear despite service and adequate notice of the date of hearing—Application under Order 9 Rule 13 CPC was also filed after seventeen months from the date of ex parte decree as against limitation period of thirty days from the date of decree as provided under Article 123 of the Limitation Act, despite the appellant having been duly served with summons—Respondent has remarried and now has two children from second marriage—It was lawful for respondent husband to solemnize another marriage and no fraud has been committed by the respondent—An application under Order 9 Rule 13 CPC filed by appellant a day after the second marriage was solemnized by the respondent-husband, was infructuous for all practical purposes, from the very inception—Appeal dismissed.
[Paras 15 to 27 & 33]
Hindu Marriage Act, 1955
Section 15—Divorced persons when may marry again—Dissolution of marriage is complete once the decree is made—A decree of divorce breaks the marital tie and the parties forfeit the status of husband and wife in relation to each other—Each one becomes competent to contract another marriage as provided by section 15 of the Hindu Marriage Act—In law the effect of ex parte decree of divorce is not different from a contested one—Even Section 15 of the Act does not make any distinction between a contested decree and an ex parte decree—In case of an ex parte decree of divorce also it shall be lawful for either party to the marriage to marry again if no appeal is filed against such decree within the period of limitation.
[Paras 29 & 32]