The Bombay High Court quashed a Family Court order that had granted divorce to the husband ex parte, finding that the lower court’s decision lacked reasoning and violated settled legal principles.
A Division Bench comprising Justice Revati Mohite Dere and Justice Sandesh D. Patil held that merely because a party remains absent or fails to file a written statement, the Family Court cannot automatically decree divorce without independently evaluating the evidence on record. The Court observed that the Family Court at Thane had decreed the husband’s petition for divorce under Section 27(1)(d) of the Special Marriage Act, 1954, solely on the ground that the wife had not participated in the proceedings, without assigning any reasons to substantiate a finding of cruelty.
The Bench emphasized that even in ex parte matters, the trial court must assess the petitioner’s evidence on its merits. It criticised the Family Court for its “casual and mechanical approach” and reiterated that unchallenged testimony cannot be accepted as gospel truth without judicial scrutiny.
While noting that the husband had remarried during the pendency of the appeal, the High Court clarified that this fact would not prevent it from setting aside a perverse or legally unsustainable order. The Court accordingly restored the divorce proceedings to the Family Court’s file, permitted the wife to file her written statement within 30 days, and directed the trial to be concluded within nine months.
Appearances:
Ms. Priyanka Desai with Ms. Tvisha Desai & Ms. Janhavi Pise I/b The Fort Circle Advocates & Solicitors for the Appellant.
Ms. Pushpa Verma with Mr.Moiez Shaikh for the Respondent.
