The Bombay High Court has set aside a divorce decree granted by a family court eight years ago to a man who had claimed that his Australian wife had deserted him in 1991.
The court opined that the consequences of a decree of divorce had far-reaching effects on the marital status of the parties and hence adequate opportunity of hearing was required to be given to the wife who claimed that she was not heard.
"At the same time, care has to be taken that no party deliberately delays hearing of proceedings or intentionally avoids participation in the proceedings before Family Court," said Justices Naresh Patil and A R Joshi in a recent order.
"We are therefore of the view that though the appeal (of wife against divorce) is pending since 2005 and that substantial valuable time is lost, the same could be remedied by directing the Family Court to dispose of the petition after hearing the parties on its own merits, in accordance with law, within a stipulated time limit," the bench noted.
Accordingly, the Judges directed the Family Court to dispose of the appeal within six months and directed the couple to remain present in the Family Court in the first week of March so that it can hear the matter afresh.
However, if the appellant-wife did not appear before the Family Court on two consecutive dates or failed to cooperate with the Family Court then that court would be entitled to decide the matter finally in accordance with law, the High Court bench ruled.
The Judges remarked, "we are of the view that an opportunity is required to be provided to the appellant (wife) to participate in the proceedings."
"Though she had taken a stand that summons were not served on her personally but that grievance is not sustainable as she had engaged a counsel and she had personally appeared before the court. Thereafter she ought to have taken steps to participate in the proceedings," they said.
