Case Note & Summary
The appellant-wife, Sudha, filed an appeal under Section 28 of the Hindu Marriage Act, 1955, challenging the ex parte divorce decree dated 05.12.2016 passed by the Principal Senior Civil Judge and CJM at Bidar in M.C. No. 10/2009. The respondent-husband, Rajsakar, had instituted the divorce petition seeking dissolution of marriage on grounds of cruelty and desertion. The marriage was solemnised on 24.02.2002. The wife contended that she was not served with summons and the trial court proceeded ex parte without proper service, violating principles of natural justice. The High Court examined the records and found that the trial court had not ensured service as per Order V Rule 19A of the Code of Civil Procedure, 1908, and the ex parte decree was passed without giving the wife an opportunity to be heard. The court also noted that the husband failed to prove the grounds of cruelty and desertion with sufficient evidence. Consequently, the High Court allowed the appeal, set aside the impugned judgment and decree, and remanded the matter to the trial court for fresh disposal in accordance with law, directing both parties to appear on 01.06.2026.
Headnote
A) Family Law - Divorce - Ex Parte Decree - Section 28 of Hindu Marriage Act, 1955 - Appeal against ex parte divorce decree - The appellant-wife contended that she was not served with summons and the trial court proceeded ex parte without proper service - The High Court held that the trial court failed to ensure service as per Order V Rule 19A CPC and the ex parte decree was passed in violation of natural justice - The decree was set aside and the matter remanded for fresh disposal (Paras 1-10). B) Family Law - Divorce - Grounds of Cruelty and Desertion - Sections 13(1)(ia) and 13(1)(ib) of Hindu Marriage Act, 1955 - The husband alleged cruelty and desertion but failed to produce sufficient evidence - The High Court noted that the trial court did not properly evaluate the evidence and the ex parte decree was based on insufficient material - Held that the husband did not prove the grounds for divorce (Paras 3-8).
Issue of Consideration
Whether the ex parte divorce decree granted by the trial court was valid given the lack of proper service on the wife, and whether the husband had proved grounds of cruelty and desertion under the Hindu Marriage Act, 1955.
Final Decision
The appeal is allowed. The impugned judgment and decree dated 05.12.2016 passed in M.C. No. 10/2009 by the Principal Senior Civil Judge and CJM at Bidar is set aside. The matter is remanded to the trial court for fresh disposal in accordance with law. Both parties are directed to appear before the trial court on 01.06.2026.
Law Points
- Ex parte decree set aside for lack of proper service
- violation of principles of natural justice
- failure to prove cruelty and desertion under Hindu Marriage Act
- 1955
