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ashoksrivastava (scientist)     22 January 2013

Is exparte decree out of purview ofsection 13(ii)hma

esteemed experts pl. help me in following query regarding section 13(ii)hma which reads as follows:

 
 

Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground-

 

i.that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or

ii.that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights  .I am not clear about this phrase"in a proceeding to which they were parties" does this exclude ex parte  rcr decree from its purview pl. enlighten me on it.



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 2 Replies

Tajobsindia (Senior Partner )     23 January 2013

1. No it does not exclude ex part Decree.

1 Like

ashishvidyarthi (engineer)     23 January 2013

but tajobs sir how are both spouses party in exparte decree  I think this phrase might have been deliberately inserted to prevent misuse


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