Stigma Of Ex-Parte Divorce Can't Hang Over Head Of Widow To Deny Her Benefits Of Being Spouse Of Ex-Serviceman: Karnataka High Court
The Karnataka High Court has held that a spouse of an ex-serviceman cannot be denied a grant of a widow identity card on the ground that an ex-parte decree of divorce against the wife was granted on a plea by the husband who passed away during the pendency of the application seeking recall of the ex-parte decree.A single judge bench of Justice M Nagaprasanna allowed the petition filed...
The Karnataka High Court has held that a spouse of an ex-serviceman cannot be denied a grant of a widow identity card on the ground that an ex-parte decree of divorce against the wife was granted on a plea by the husband who passed away during the pendency of the application seeking recall of the ex-parte decree.
A single judge bench of Justice M Nagaprasanna allowed the petition filed by Parvathamma and directed the Joint Director, Sainik Welfare and Resettlement to issue the petitioner a widow identity card, within two weeks. She is entitled to all consequential benefits that would flow from the grant of the identity card.
The stigma of divorce cannot be permitted to be hanging on the head of the petitioner for her to be denied of any benefit, of being a spouse of ex-serviceman. No impediment can now be projected against the petitioner for grant of an identity card by the respondents, it said.
The petitioner is the wife of one L. Ramakrishna, who was an ex-service personnel. The husband of the petitioner at the time of marriage was serving in the Indian Army and the petitioner lived in the matrimonial house along with the father and mother of the husband.
It was claimed that the husband used to quarrel unnecessarily and when it became difficult to sustain, the petitioner registered a complaint against the husband and his family members for several offences. On the registration of a complaint against the husband and his family members, the husband instituted a divorce petition, it was stated.
It is stated that then the concerned family Court issued notice once and on the ground that the wife did not appear before the Court, it granted an ex-parte decree of divorce.
It was submitted that when the petitioner got knowledge of the ex-parte decree, she filed an application before the concerned Court under Order IX Rule 13 of the Code of Civil Procedure seeking recall of the decree. However, during the pendency of the application, before the decree could be recalled, the husband of the petitioner died.
On the death of the husband of the petitioner, an application was filed seeking to dismiss the recall application and the concerned Court closed the petition as it had become abated.
Following this the petitioner submitted a representation to the Sainik Welfare and Resettlement Department of the Defence seeking a grant of an identity card being the widow of an ex-service personnel. It was stated that the card was not granted since the petitioner was no longer a widow of the ex-serviceman, as she was divorced during the lifetime of the husband.
The petitioner contended that an ex-parte decree of divorce is no decree in the eye of the law and the petitioner immediately on coming to know of the grant of ex-parte decree preferred a petition seeking recall of the order of divorce which was later dismissed as abated. Thus the petitioner is entitled to an identity card for a widow, being a widow of ex-servicemen, it was argued.
The respondent argued that the decree of divorce, which is granted ex-parte cannot be acted upon and the petitioner being a widow is entitled to the identity card for all the benefits of ex-serviceman. It is the discretion of the Court to grant relief to the petitioner or otherwise, it said.
The bench noted that any widow of an ex-serviceman who dies becomes entitled to a widow identity card and several benefits would flow from the card being granted to a widow. It is a benefit, a beneficial right of the widow to get the card, it noted.
Then it said “At the outset, the decree was an ex-parte decree, which, save in exceptional circumstances, is no decree in the eye of law. Even that is not staring at the respondent as on today, as the divorce petition is dismissed, as abated.”
The court relied on the Apex court judgment in the case of R. Lakshmi v K.Saraswathiammal (1996) and said “The case at hand also projects a similar circumstance of an exparte decree of divorce against the wife and the husband dying during the pendency of the application, seeking recall of the exparte decree. The petition is later closed on account of the death of the husband. Viewed from any angle, the stigma of divorce cannot be permitted to be hanging on the head of the petitioner for her to be denied any benefit of being a spouse of an ex-serviceman. No impediment can now be projected against the petitioner for grant of an identity card by the respondents.”
It added that the respondents ought to have had empathy and little sympathy towards the petitioner, as on the death of the husband who was the sole breadwinner of the family, the wife and family were driven to grave impecuniosities and would be condemned by penury.
It added that the plight and plea of the widow was ignored by the respondent who ought to have, without driving the petitioner to Court, issued a widow identity card, as was sought for.
"This Court would not shut its doors in the peculiar facts of this case without redressing the invisible pain of the widow - petitioner,” it said.
Accordingly, it allowed to petition.
Appearance: Advocate Sreerangaiah L for Petitioner.
Deputy Solicitor General H. Shanthi Bhushan for Respondent.
Citation No: 2024 LiveLaw (Kar) 161
Case Title: Parvathamma And The Joint Director
Case No: Writ Petition No 416 of 2024