Supreme Court Order Expediting Divorce Proceedings Cannot Be Taken To Deprive Wife Of Her Right To Contest: Allahabad High Court

Recently, the Allahabad High Court has held that order passed by the Supreme Court expediting divorce proceedings cannot be a ground to deprive the wife of her right to contest divorce proceedings.

Observing that the Family Court had not fairly adjudicated the divorce proceedings, the bench of Justice Ashwini Kumar Mishra and Justice Donadi Ramesh held

“The undue hot haste in which the Court has proceeded cannot be approved of. Although there was a direction by the Supreme Court to expedite the proceedings and conclude it within six months but such direction was to resist any uncalled for adjournment claimed by the parties. The order of the Supreme Court cannot be construed as depriving the wife to contest the proceedings.”

Factual Background

The parties got married in 2015. Respondent-husband instituted divorce proceedings in 2016 in Karkardooma, Delhi on alleging adultery by the wife. Subsequently, appellant-wife approached the Supreme Court seeking transfer of proceedings to Kanpur Nagar, UP, which was allowed with an observation “to make all endeavour to dispose of the matter within six months without unnecessary adjournments granted to the parties.”

The wife appeared before the Court and filed an application under Section 24 of the Hindu Marriage Act, 1955 for payment of maintenance and also sought litigation cost. Though litigation cost of Rs. 10,000 was awarded to the wife, the application was maintenance was rejected. Recall application was also rejected in 2019. Subsequently, the wife sought further time to file written submissions which was allowed till 27.03.2019.

On 27.03.2019, the issues were framed and affidavit of the husband was supplied to the wife. However, on the next day the right of the wife to cross examine was forfeited. On 02.05.2019, the divorce petition was decreed in favour of the husband observing that the case was decided on merits keeping in mind the six month period provided by the Supreme Court. The wife filed an appeal against the divorce decree on grounds that she was not given sufficient opportunity to contest the proceedings.

High Court Verdict

The Court observed that on the day the litigation cost was first paid to the wife, the Family Court forfeited her right to file written statement. It held that Additional Principal Judge, Family Court, Kanpur Nagar forfeiting the right of the wife before the litigation cost reached her seemed to be done in undue haste. It was further held that mere absence of the wife on one day could not lead to a harsh consequence of forfeiting her right to cross-examine.

“The manner in which the proceedings have been undertaken by the Family court culminating in passing of the decree of divorce clearly cannot meet the approval of a fair adjudication in the matter.”

Holding that the order of the Supreme Court was not meant to deprive the wife of her rights, the Court set aside the divorce decree. It held that fair opportunity of hearing must be given to a person even when there is expeditious disposal of a case. The Court directed that weekly dates be fixed in the case and adjournment, if any, be given subject to deposit of not less than Rs. 1,000 a day.

Case Title: Alka Singh Chauhan v. Shakti Singh [FIRST APPEAL No. - 473 of 2019]

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