affixation, respondent/wife was proceeded ex- parte in the divorce
proceedings. Ex-parte judgment was passed by Addl. District Judge ... parte decree of divorce dated 28.11.1989, moved an application
dated 17.12.1993 for setting aside the same basically on the grounds
that ex
appellant, was set ex parte and on 11.10.1996, the suit was decreed ex
parte.
3. On 16.11.1996, the first defendant ... filing the appeal against the ex parte decree and the appeal against ex
parte decree were both dismissed for default
custody of
the child to the mother-appellant. A divorce decree was
passed exparte on 23.9.1983. On 20.2.84 the child reached
India with ... High Court/supreme Court
had refused to set aside the ex parte orders passed in her
favour and against the respondent. This operated
aside an ex-
parte decree only if the defendant had opted not to appeal
against the ex parte decree ... aside an ex parte decree only if the defendant had
opted Dot to appeal against the ex parte decree
respondent.
5. According to the appellant, she obtained an ex parte ‘Khula’
from Mufti under the Muslim Personal ... customary divorce and according to non-applicant
same was obtained ex-parte. In this background
applicant cannot blow hot and cold
filed a divorce petition against her and, therefore, she had
no knowledge about the divorce petition. Consequently, the
ex parte decree ... Hindu Marriage Act
results into any decree of divorce either ex parte on
bipartite then the concerned aggrieved spouse who suffers
from
divorce petition, in the absence of the appellant, and an ex-parte
decree of divorce was granted to the respondent ... above ex-
parte decree of divorce, the appellant preferred an application, for
setting aside the said ex-parte decree
Aside decree ex parte against
defendant : In any case in which a decree is
passed ex parte against a defendant ... ex parte decree could apply under Order IX
Rule 13 for setting aside the ex parte decree. He could also file
Court on 5.12.2007 and the decree
of divorce was passed ex-parte on that
date itself.
8. It may be mentioned ... absence of the husband. Admittedly, the
pre-ponement was done ex-parte.
9. In the background of these facts,
basically four questions fall
ex parte-
Divorce decree granted to husband-Application by wife for
setting aside ex parte decree-Dismissed-High Court
confirming ... proceedings would be taken
ex-parte. On November 16, 1989 the Family Court ordered ex-
parte proceedings. The issues were framed
