Which Decree has the Weight age or Override each other?
Querist :
Anonymous
(Querist) 19 February 2010
This query is : Resolved
Que.1.Husband Got an Ex-parte Divorce Decree Form District Family Court!
and
Que.1.Wife Got an Ex-parte Restitution of Conjugal Decree form Senior Civil District Court of the Same District 38kms away.
Which of these Court Decree Holds more Weightage?
Guest
(Expert) 19 February 2010
Mr.Anonymous - You should first know one thing. Any decree is obtained by fraud from a Court is void and liable to be set aside. Court is not the place for playing games. Ex parte decrees are passed only when the respondent failed to appear even on proper serving of summons. Hence in both cases, the husband and the wife have knowledge of both the independant legal proceedings and chosen not to appear in other one's case. Hence strictly speaking, both the husband and wife have played fraud on the concerned trial Courts by suppressing the case pending in the other Court filed by his/her spouse. Hence both the decrees are liable to be set aside.
N RAMESH.
(Expert) 26 February 2010
I fully agree with Mr.Rao.
Querist :
Anonymous
(Querist) 03 March 2010
Than you All!
