Decree of Separation obtained during absence of husband or wife may be reversed
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Summary
Either spouse can ask the same court to set aside a judicial separation decree if it was obtained in their absence and they had a reasonable excuse for not appearing, especially where desertion was the ground. If the court accepts the petitioner's claim it may reverse the decree. The reversal does not affect third parties rights related to debts, contracts, or acts of the wife done between the separation and reversal.
Example
Priya was away for months for medical treatment and Ravi obtained a judicial separation decree for desertion without her presence. Priya petitions the same court saying her absence had a reasonable excuse; if the court believes her it can reverse the decree. That reversal will not harm creditors who dealt with Priya during the separation.
Bare Act
Enacted textAny husband or wife, upon the application of whose wife or husband, as the case may be, a decree of judicial separation has been pronounced, may, at any time thereafter, present a Petition to the Court by which the decree was pronounced, praying for a reversal of such decree, on the ground that it was obtained in his or her absence, and that there was reasonable excuse for the alleged desertion, where desertion was the ground of such decree. The Court may, on being satisfied of the truth of the allegations of such Petition, reverse the decree accordingly; but such reversal shall not prejudice or affect the rights or remedies which any other person would have had, in case it had not been decreed, in respect of any debts, contracts, or acts of the wife incurred, entered into, or done between the times of the sentence of separation and of the reversal thereof.
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