Special Marriage Act, 1954

Special Marriage Act, 1954 (43 of 1954) Section 27(2)(ii) – Appellant -wife has been proceeded ex parte on account of her failure to appear before the Court to contest the petition despite service through publication - The ex parte proceedings against the appellant-wife, which had ultimately culminated into the decree of divorce – Matrimonial relationship between the parties has been illegally severed on the basis of an attribution of non-compliance of the decree regarding which the appellant-wife did not have the knowledge – Liable to be set aside.  (2018-2) PUNJAB LAW REPORTER

 

Special Marriage Act, 1954 (43 of 1954) Section 27(2)(ii) – Husband obtained exparte decree for restitution of conjugal rights – The grant of relief of dissolution of marriage to the respondent-husband under Section 27(2)(ii) of the Special Marriage Act, 1954 for non-compliance of an ex-parte decree is apparently violative of rules - The decree of divorce has been passed and the marriage has been dissolved on account of default of the appellant-wife for not following the mandate of ex-parte decree of restitution of conjugal rights – Clever device to misuse the statutory provisions of law without making an attempt to execute the decree for restitution of conjugal rights.  (2018-2) PUNJAB LAW REPORTER