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Writ Petition of widow of Ex-serviceman for widow identity card – Denial in view of ex parte Divorce Decree –

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The petitioner was married L.Ramakrishna who was ex-service personnel,, on 20.4.1987.  At the time of marriage,  he was in Indian Army. They had girl born on 8.7.1995.  In 2006, he had given resignation from the Army.

After coming to the matrimonial house, the problems began between the husband and the wife. The petitioner filed complaint against the husband and family members for several offences.

The husband filed case for dissolution of marriage in 2017.  The Family Court issued notice but the wife did not appear before the Court.   Ex parte divorce decree was passed.

On coming to know of the ex parte divorce decree, the petitioner-wife filed application for recalling the exparte divorce decree.  However, during pendency of said application, the husband died.  As a result, the application had abated.  There was no decree of divorce.

Thereafter, the petitioner had made application for identity card of widow of an ex-service personnel.   The card was not granted on the ground that the petitioner was not widow as she was divorced during his life tie.

HELD that the divorce decree was ex parte.   Immediately on coming to know of the ex parte divorce decree, the application to recall was filed.  Today the decree does not even exist as the petition itself is dismissed as having abated. The decree is no decree in the eye of law as the divorce petition is dismissed as abated. Therefore, non-consideration of the representation is erroneous.  The Apex Court elucidates the issue of a stigma of divorce on the head of the wife, its serious effects and consequences upon a decree of divorce.  If an ex parte decree is permitted to stand without any opportunity to challenge, this would lead to dire consequences.

This Court would not close its doors in the peculiar facts of the case without redressing the invisible pain of the widow- petitioner.  A widow of an ex-serviceman who dies becomes entitled to a widow identity card and there are several benefits of said card.

Judgment dated 22.3.2024 in W.P.No.416 of 2024 (GM-REST) of Smt.Parvathamma  Vs. The Joint Director, the Sainik Welfare and Resettlement

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