Kar HC | Decree of divorce set aside in light of no statutory provisions followed by Family Court while granting the same

Karnataka High Court: The Division Bench of S.N. Satyanarayana and P.G.M. Patil, JJ. allowed this appeal and remanded the matter back to the Principal Judge, Family Court.

In this instant case, the Respondent – wife in M.C. No. 268 of 2016 before the Family Court, Hubballi has appealed impugning the judgment of the Principal Judge. The petition of the aforesaid M.C. No. 268 of 2016 was filed by the husband of the Respondent (herein appellant). 

Their marriage took place on 11.05.2011 and they have a son. The appellant alleged that the husband/respondent threw her out of the matrimonial house on 01.07.2015. Thereafter, she went to her parental house in Rajasthan and filed a petition in F.C. No. 53 of 2018 under Section 9 of the Hindu Marriage Act, 1955 seeking restitution of conjugal rights. Meanwhile, the husband secured a decree of divorce in M.C. No. 268 of 2016. 

The wife came to know from the certified copy of the judgment of the Principal Judge that the husband filed the matrimonial case by giving wrong address of the wife and therefore the notice never reached the wife and thereby securing a decree of divorce ex parte.

After having heard both the counsels for appellant (H.R. Gundappa) and respondent (Gurudev Gachchinamath), the Court observed that there were instances where the respondent – husband could have informed the appellant – wife about the proceedings in the Court but did not. The Husband kept it from the wife. Therefore, it is clear from the very face of it that the decree was secured with malafide intentions so as to curtail the right of his wife and maintenance of minor son. The Court also gave light to how the decree was granted. The decree was granted without appreciating the material on record and also by not following the statutory provisions which are required to be seen by the Court below while considering granting the decree of divorce. Hence, the decree was set aside.[Renu v. Kamalesh, 2019 SCC OnLine Kar 1655, decided on 29-08-2019]

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