Hindu Marriage Act, 1955–Secs. 13(1)(ia) & (ib)–Code of Civil Procedure, 1908–Order 9, Rules 7 & 13–Penal Code, 1860–Secs. 193, 417, 426, 464, 465 & 468–Ex-parte decree of divorce–While setting aside, High Court issued directions for lodging the criminal complaint–Justification–No question was
framed by High Court as to whether the appellant played fraud on the Family Court and obtained the decree–Allegation leveled by wife that she never appeared before the Family Court, is a question of facts and cannot be decided without framing a proper issue–It cannot be presumed that the family
Court wrongly noted the presence of parties–Impugned order deserves to be set aside.
