Dear Sir, Date:
In a divorce case no of times the service of notice has been issued including affixing the summons at the house of the wife and also sent through process server which was refused to accept by the wife and at the last a paper publication was also circulated and a copy of the same has also been sent to wife.
Thereafter respondent/wife was proceeded ex- parte in the divorce
proceedings. Ex-parte judgment was passed by Addl. District Judge,
Delhi in favour of the appellant/husband and the
marriage between the parties was dissolved.
The respondent moved an application before the DELHI HC
after the expiry of 4 years of the passing of the ex-parte decree of divorce
for setting aside the same basically on the grounds that ex-parte decree had been obtained by fraud and collusion with the postman etc., and also on the
ground that even subsequent to obtaining decree of divorce the
appellant did not disclose the fact of grant of divorce to her during the
proceedings of maintenance under Section 125 which was allowed by the HC DELHI in a casual manner without consideration of relevant facts (remarriage of husband etc ) which was set aside by the SC and restored the trial court judgment of ex parte decree of divorce.
THE SAID PART IS THIS THAT SC HAS AWARDED A LUMP SUM AMOUNT OF 10 LACS TO WIFE .
PLEASE FIND THE JUDGMENT
