The High Court of Uttarakhand High Court in the case of Smt. Jyoti Gadiya. V. Ganesh Singh Gadiya and another set aside the ex parte decree remanded back to the Family Court, Haldwani, District Nainital, for proceeding afresh from the stage of filing of a written statement.
FACTS OF THE CASE
An Ex parte judgement and decree of divorce was granted by the Family Court, Haldwani, District Nainital in Case No. 276 of 2020 preferred by the respondent husband, on the ground of cruelty under section 11(1)(ia) of the Hindu Marriage Act, 1955. The Appellant wife, aggrieved by this, filed the first appeal in the High Court of Uttrakhand to get the ex parte order dismissed.
The learned counsel appearing on behalf of the Appellant submitted that she was suffering from certain ailments, which prevented her from participating in the proceedings. She also filed her medical record to substantiate her claim. She had also engaged a counsel. Her case is that the counsel kept assuring her that he is following up the matter. However, he did not do so and also did not advise her, that she has to file her written statement of defence.She learnt of the passing of the impugned judgment only after engaging another counsel.
OBSERVATION OF THE COURT
The Court observed that the appellant appears to have come from very poor family background and she had sufficient causes for non-appearance before the family court. The court considered that since the impugned judgment and decree have serious civil consequences for the appellant, it is only fair that she should get sufficient opportunity to defend herself in such proceedings.
DECISION
The impugned judgment and decree was set aside and the matter was remanded back to the Family Court, Haldwani, District Nainital, for proceeding afresh from the stage of filing of written statement. The respondent-husband shall pay the litigation expenses to the appellant quantified at Rs. 15,000/- within four weeks. He shall also pay ad hoc maintenance to the appellant at the rate of Rs. 15,000/- per month. The interim maintenance shall be paid, beginning the 01st of October, 2022.
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(With input from news agency language)
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