(UNI) The Bombay High Court has set aside an order of Nashik family court, granting a divorce decree ex-parte to a man in absence of his wife, who did not attend the proceedings.
Allowing an appeal filed by the aggrieved wife against the impugned judgment of December 7, 2011, a High Court bench recently reverted the case to the Family Court for final disposal after hearing both sides.
Division bench consisting of Justices Naresh Patil and A R Joshi, while quashing the lower court judgment which granted divorce ex-parte (in absence of the other side) and restoring the case, asked both wife and husband to appear before the Family Court on February 25 in the same matter.
The Judges asked the family court to dispose of the petition (filed by the husband seeking divorce) on its own merits. They also asked both the parties to co-operate with the court in final disposal of the petition.
The appellant (wife) could have been more diligent in prosecuting her remedies and participating in the proceedings before the Family Court. Certainly, the issue was relating to claim of divorce. Serious consequences flow from the orders passed in the matter of this nature. The relationship between the parties gets affected, the judges observed. UNI
