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satish verma (service)     06 March 2009

matrimonial suit

 whether a wife can file a suit for nullity of marriage after her marriage has already been dissolved exparte in a suit filed by her husband.



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 8 Replies

satish verma (service)     06 March 2009

 whether a respondant can challenge a decree in an appeal when the appeal is only for mesne profit.

Ashutosh (Advocate)     06 March 2009

yes ofcourse

PALNITKAR V.V. (Lawyer)     06 March 2009

Mr. Ashutosh-Yes of course to what?  To both the questions or to any particular question. I think in the case of the first question the ex parte decree would bind the wife.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     10 March 2009

Mr. Palnitkar is absolutely right.I do agree with him,

M. PIRAVI PERUMAL (Advocate & Consumer Rights)     11 March 2009

I agree with Mr. Palnitkar, the exparte decree is binding on her. 

Swami Sadashiva Brahmendra Sar (Nil)     12 March 2009

yes.there is no bar.

Prabhat Kumar (Advocate)     19 March 2009

Regarding the first question the answer is NO. The reason is that a single marriage cannot be desolve twice. The exparte judicial decree is a complete decree in all sense, unless the same is set aside by a competent court in further proceeding. 


Your second query is not clear.

Swami Sadashiva Brahmendra Sar (Nil)     20 March 2009

the petition of husband may have been brought making allegations against wife who was not given opportunity to bring correct facts before court.


now she is asking for anulment making allegatins against husband.


thus the grounds on which the husband obtained ex party disolution, is to be seen.


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