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V.G.Rao Advocate (Advocate)     03 February 2012

Order and decreetal order

hi all,

I would like to know what is the difference between an order and decreetal order in interim applications, in what kind of Interim applications supported by petitions decreetal orders will be pronounced?

Another quiery in respect of Ex-parte decree in divorce matter

"A" wife filed divoce petitionagainst her husband "B" on the ground of cruelty, after issuing summons the respondent (i.e "B" )in spite of receipt of summons received through registered post with ack due not turned up to contest the case, as such he was set ex -parte, thereafter the matter was posted for "A"s Ex parte evidence and her evidence was recorded and Ex parte decree was pronounced. Thereafter "A" waited till the expiry of appeal period of ninety days, and got second marriage and left to USA, Now after lpase of 5 months "B" filed application under order 9 rule 13 of C.P.C beofre the family court, seeking to set a side the ex parte Judgement, as he was not served with the notice, and also filed a criminal case U/sec 494 IPC against "A" for bigamy, Now my question is

1) Whether "A" will be punished for Bigamy?

2) Whether Ex Parte decree passed in her favor is valid or not? However  on the date of her re marriage the first marriage  was not in force or exisisting as she got ex parte decree prior to her remarriage?

3) Provide me for "A" any Suitable SC Case laws to support her case.

Thanking you all in advance.


 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     03 February 2012

A will not be punished for bigamy.

The ex parte decree passed after valid service of summons to the respondent is fully valid. The marriage is dissolved by the decree of divorce.

R.Ranganathan (Director)     04 February 2012

The award is valid and subsisting till the same is set aside by an order of the court. The remarriage is valid.

V.G.Rao Advocate (Advocate)     04 February 2012

Sir Ranganathan, Assuming for a moment that the application under order 9 rule 13 of C.P.C filed by "B" is allowed by the court,for any reason whatsoever and on contest if results of the main divorce O.P comes in favor of "B" , then what will be the fate of Second Marriage of "A" ?( this quiery is only for Acadamic Interest) please don't think oher wise sir)

Will her second marriage becomes null and void?

R.Ranganathan (Director)     04 February 2012

Good question, but this cannot be answered here legally. This is because there will be contradictory views in this. But anyway if one has to fight for the second marriage then there are good valid grounds to do so and no court can just say that it is null and void. This is a ticklish situation. So there are every chance to get the second marriage valid and subsisting.

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