order or decree is conclusive proof
that any legal character, which it confers accrued at the time when
such judgment, order or decree came into ... between a decree on contest and an ex-parte decree,
since, like a decree on contest, an ex-parte decree is also a decree passed
treating the
terms of compromise to be part of the decree by granting a decree of divorce by
dissolving the marriage of the parties.
Shrimati ... could be filed even in a pending appeal against a
contested decree of dismissal of the suit for divorce. Again the decree of divorce
pending before the District Court to itself and proceeded to pass a decree by
mutual consent by treating the same as one under Section ... such application can be filed
even in a pending appeal against contested decree of dismissal of the suit for
divorce before a High Court
facts. Though an exparte decree, is as much executable as a decree given after contest, so far as the present proceedings are concerned decree will ... There could be several reasons why a decree ultimately turns out to be an exparte decree. The contesting party might be ignorant of his rights
that case, the wife had obtained a decree for restitution of conjugal rights against the husband without contest as the husband consented to the passing ... decree for restitution of conjugal rights is as good as a contested decree for attracting the provisions of Section
original petition
filed before the Additional District Judge, Sonepat suffered the
contested decree under Section 13 of the Hindu Marriage Act,
1955 (hereinafter referred ... filed.
[6]. Appellant-wife being respondent in the original petition
contested the case by filing written statement. All the allegations
were denied. Filing of criminal
matter inter-parties stood settled by the English
decree. The application was contested by Anita Chaudhary by filing a
reply alleging that ... conclusion
was reached without any reasons recorded after contest. I should record
that when the decree was made absolute on 31st January, 2012, Anita
Chaudhary
decree. At this juncture, learned counsel for the respondent-wife would submit that the decree granted in H.M.O.P. is an exparte decree ... unless and until it is set aside, the exparte decree is as good as contested one. As of now, the divorce decree remains in force
action or the
defendant appeared and had an opportunity to contest it, a
foreign decree may be collaterally attacked for lack of
jurisdiction, even though ... jurisdiction of the court and
contests the claim, or agrees to the passing of the decree
with or without appearance. A mere filing
case. It is contended
that foreign divorce decree was an ex parte decree wherein respondent
could not contest. The said decree is not recognised ... jurisdiction of the
court and contests the claim, or agrees to the passing of the
decree with or without appearance. A mere filing
