Ex Parte Divorce Decree Upheld; Knowledge of Pending Case Bars Relief Under Order IX Rule 13 CPC: Calcutta High Court

The Calcutta High Court has held that an ex parte divorce decree cannot be set aside merely because of alleged defects in the service of summons when the record clearly shows that the defendant had prior knowledge of the matrimonial proceedings. The Court ruled that once it is established that the party was aware of the pending case and still failed to contest it, the protection available under Order IX…