Supreme Court of India · 2011-02-08
Parimal vs Veena @ Bharti
- Citation / case number
- AIR 2011 SUPREME COURT 1150
- Court
- Supreme Court of India
- Petitioner
- Parimal
- Respondent
- Veena @ Bharti
- Author
- B.S. Chauhan
- Bench
- B.S. Chauhan, P. Sathasivam
Judgment text excerpt
The Supreme Court held that the service of summons under Order IX Rule 13 of the Code of Civil Procedure, 1908 was valid despite the respondent's refusal to accept it, as the appellant had complied with statutory requirements for service. The Court emphasized that the respondent's claims of fraud and lack of service were unsubstantiated, affirming the trial court's dismissal of her application to set aside the ex-parte divorce decree. Consequently, the Supreme Court reversed the High Court's decision allowing the application, upholding the ex-parte decree of divorce dated 28.11.1989.