The Rajasthan High Court recently quashed an ex-parte divorce decree granted by a Bhilwara family court, observing that the notice of summons was never validly served on the husband and that the trial court acted in undue haste while deciding the matter.

The Court held that refusal of a summons by the mother of an adult son, without a clear finding on her authority, does not constitute sufficient service under the Code of Civil Procedure (CPC).

A division bench of Justice Dinesh Mehta and Justice Sandeep Taneja allowed an appeal filed by the husband against the ex-parte judgment and decree dated September 15, 2023, passed by the family court in Bhilwara. The family court had granted a decree of divorce in favour of the respondent-wife under Section 13 of the Hindu Marriage Act, 1955.

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