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EXparte divorce cannot be set aside after re- marriage 
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Joined: Thu Sep 02, 2010 6:04 am
Posts: 37
Orissa high court in its judgement dated 05 august 2010 ruled that if husband has contacted a valid second marriage after waiting for bar period then just because there was irregularity in serving sermons the divorce decree obtained from first wife cannot be the reason for setting aside divorce GRANTED earlier.Reliance was paid on the judement of allahabad high court in sp srivastava vs premlata srivastava. AIR 1980 ALLAHABAD 336 and premkumar vs kiran devi reported in AIR1997 RAJASTHAN 63.Honerable court observed that if husband has contacted 2nd marriage after waiting for the apeal period then the order 9 rule 13 of cpc at the instance of wife is not maintainable and wife can file under 25section of HMA for permanent alimony.

The above judement is great victory for the harassed husband who find neglectful wife who desert and avoid the court notices.Its also is sad reflection that advocates hired by men are just not intrested that proper court notices are sent and delivered.

Tue Sep 07, 2010 4:15 pm

Joined: Thu Sep 02, 2010 6:04 am
Posts: 37
sorry the second judement is surender kumar vs kiran devireported in AIR 1997 RAJASTHAN HIGH COURT 63.

Tue Sep 07, 2010 4:18 pm

Joined: Thu Sep 02, 2010 6:04 am
Posts: 37
In the above case marraige had taken place in 1991 and wife left husband in 2002 along with children .Thereafter after waiting for 3 and a half years husband seeked divorce on ground of desertion and cruelity The writ petition was filled in aug 2005 and divorce was granted exparte in march 2006.husband remarried in june 2006 after the apeal period.Subsequently husband taraced his son at a costly resedential school in aug 2007 .Wife subsequently filled case setting aside exparte decree that notice serving was not proper in feb 2008 and family court set aside expartre decree in sep 2008.Husband went to high court in sep 2008 against the setting aside of exparte order of lower court and in aug 2010 high court ordered that irregularity in serving sermons cannot be the reason of setting aside of exparte decree as husband has remarried .It however added that wife is elligible for alimony based on the evidence adduced in the court.

Wed Sep 08, 2010 6:16 am
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