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Wrong Details Of Wife In Divorce Petition, HC Overturns Divorce Decree Granted To Husband
11 Sep 2019 08:53 pm
The Karnataka High Court has overturned a divorce decree granted ex-parte to a husband and remanded the matter back to the family court for fresh consideration, after it was found that husband gave wrong address details of the wife, so that she could not be called upon to file her reply to his divorce petition.
The wife argued before the high court that "Since the appellant's parental house is in Shironi of Rajasthan State, she went there and there she has filed a petition seeking restitution of conjugal rights with her husband.It is after filing of the said petition, she came to know that her husband had secured decree of divorce. "
It was further argued that "She secured certified copy of the judgment in the said proceedings and came to know that the husband had filed the matrimonial case by giving wrong address where the place 'Sirohi', where the appellant is residing, is wrongly shown as 'Shironi' and subsequently got the notice endorsed as 'refused' and got the matrimonial case filed by him disposed off on merits."
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