Change of STATUS ?

Dear Ld Arun kumar no doubt you have asked a very interesting question. Status of wife and husband remains as it  was before filing the divorce petition,if petition is dismissed in default.

Dear Sh. Sarin ji,

Thank you for your advise. After Dismissal of Divorce suit in default of wife an S. 151 CPC Application was filled for Decree of Divorce to be granted to Husband who is not agreeing to allegations of cruelty as stated by wife in her dismissed divorce petition.

So the natural que. now is since the status has not changed so S. 24 HMA filled by wife during her Divorce Petition which was dimissed in default later on will also continue till husband's S. 151 CPC application gor granding decree of divorc eis settled ... RIGHT or wrong?

Rgds, D. Arun Kumar, New Delhi

Section 2(2) of CPC defines decree. It says that judicial decree doesnot include any order of dismissal in default because there is no formal adjudication of rights of the parties by the court, if the matter is dismissed in default. So status of the parties remain same.  

Dear Sh. Prabhat ji,

You have hit the nail bang on!

Seems you have taken time to trace all my earlier mails here on questions related to "dismissal in default" hence this post question was raised by me to see effect of the same dismissal on main suit of wife!.

Superb observations. However are you aware of any HMA related citation from SC and or DHC to support the same please.

Rgds, D. Arun Kumar, New Delhi

Dear sh. Arun ji no court have  jrisdiction to pass a decree of divorce under sec 151 cpc. Is it clear