Preservation of statutory remedies against ex parte matrimonial decrees
The discovery of a surreptitiously obtained ex parte divorce decree gives an aggrieved spouse the absolute right to pursue appellate remedies, including applications for condonation of long delays. When courts condone massive delays—such as thousands of days—upon noting prima facie evidence of fraudulent concealment, the substantive appeal must be allowed to proceed on merits. Secrecy maintained by one spouse in obtaining marital dissolution orders cannot bar the other spouse from seeking justice once the fraud comes to light. The pendency of such appellate challenges concerning marital status forms an important factual backdrop in related inter-spousal litigations. Courts take serious note of attempts to alter marital status behind the back of a partner through clandestine legal filings. Consequently, procedural hurdles cannot be weaponized to validate ex parte decrees obtained through deceit. (Prasanna Kasini v. The State of Telangana & Anr. | 2026 INSC 30)