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    <title>1992 (5) TMI 87 - Supreme Court</title>
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    <description>Fair play and natural justice required a fresh notice before the family court could proceed ex parte after the stay was vacated, because no fresh date had been fixed for appearance. The wife&#039;s distance from the court, limited legal assistance, and active participation in the proceedings supported sufficient cause for her non-appearance. Registered notices had returned unserved, there was no material of refusal of service, no effective personal service was attempted thereafter, and substituted service by newspaper publication was not justified on these facts. The ex parte divorce decree and the orders refusing to set it aside were therefore unsustainable, and the application to set aside the decree was liable to be allowed.</description>
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    <pubDate>Wed, 06 May 1992 00:00:00 +0530</pubDate>
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      <title>1992 (5) TMI 87 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=81691</link>
      <description>Fair play and natural justice required a fresh notice before the family court could proceed ex parte after the stay was vacated, because no fresh date had been fixed for appearance. The wife&#039;s distance from the court, limited legal assistance, and active participation in the proceedings supported sufficient cause for her non-appearance. Registered notices had returned unserved, there was no material of refusal of service, no effective personal service was attempted thereafter, and substituted service by newspaper publication was not justified on these facts. The ex parte divorce decree and the orders refusing to set it aside were therefore unsustainable, and the application to set aside the decree was liable to be allowed.</description>
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      <pubDate>Wed, 06 May 1992 00:00:00 +0530</pubDate>
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