Landmark Decision: Ex Parte Divorce Decree Upheld in Favor of Husband

ex parte divorce decree

New Delhi, February 27, 2024

In a significant legal development, the Delhi High Court has rendered a groundbreaking judgment, reaffirming an ex parte divorce decree in favor of the husband. The case, registered under MAT.APP.(F.C.) 186/2018, saw intense legal scrutiny and has far-reaching implications for divorce proceedings.

Background of the Case:

The appellant/husband, filed the divorce petition under the Special Marriage Act, 1954. The respondent/wife, challenged the ex parte judgment dated 24.03.2005, alleging non-service of summons and fraudulent proceedings.

Key Legal Findings:

The court, comprising HON’BLE MR. JUSTICE SURESH KUMAR KAIT and HON’BLE MS. JUSTICE NEENA BANSAL KRISHNA, meticulously analyzed the evidence presented. The primary contention revolved around the service of summons on 18.02.2004.

  1. Service of Summons: The court affirmed that the appellant/husband had duly served the summons through a process server, rejecting claims of non-service by the respondent.

  2. Residence Status: The respondent’s assertion of being on flight duty on the alleged day was debunked. The court concluded that she was available at her residence, rendering the ex parte decree valid.

  3. Handwriting Expert’s Opinion: The Handwriting Expert’s report, challenged by the respondent, was dismissed as unreliable. It failed to establish manipulation of signatures on the summons.

  4. Incomplete Address: The court deemed the absence of the locality name on the summons inconsequential, considering the complete address and the Pincode provided.

Implications of the Judgment:

This landmark judgment reaffirms the validity of ex parte divorce decrees when due process is followed. It establishes a precedent for similar cases, emphasizing the importance of presenting credible evidence in divorce proceedings.


The Delhi High Court, in its wisdom, has upheld the ex parte divorce decree, dismissing claims of non-service and fraudulent practices. This decision carries implications for divorce cases, reinforcing the adherence to legal processes.

Download Judgment

Click above to download this Judgment in the case titled MAT.APP.(F.C.) 186/2018. It can serve as a valuable resource for legal reference.

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