Hindu Marriage Act (1955), S.13(1)(i-a) - Civil P.C. (1908), O.9 R.13 - Ex parte decree of divorce - Passed against wife - In application for setting aside ex parte decree, wife stating various reasons including illness of her child - No prejudice is caused to either party by setting aside decree - Various reliefs prayed by respondent wife can be considered in main petition - Respondent wife would suffer grave, irreparable loss if ex parte decree is not set aside - It may lead to infringing wife's right to be heard in main petition - Order to set aside ex parte decree, held proper.
Group Captain Nitin Kanitkar (Retd.) Vs.Meenu Nitin Kanitkar
2014(5) ALL MR 497 (Paras [ 4 , 5 ])
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