Ex Parte Divorce Decree -- Setting Aside -- Failure to Fix Case for Written Statement -- No Opportunity Granted to Defendant
Where the court never fixed the case for filing of written statement and no opportunity was granted to the defendant to file her written statement, nor was her right to file written statement formally closed prior to proceeding ex parte, the ex parte decree cannot be sustained -- Even where the defendant or her counsel failed to appear, the court ought to have either issued notice to the defendant for the next date or fixed the case specifically for filing of written statement -- Without taking such steps, the court ought not to have proceeded ex parte against the defendant or passed an ex parte judgment and decree -- Ex parte divorce decree set aside--CPC, 1908, O.9, R.13 -- Hindu Marriage Act, 1955, S.13. (Paras 15 to 17)
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