Wife’s Right To Contest Divorce Unaffected By Supreme Court’s Order To Expedite Proceedings: Allahab

In a landmark judgment, the Allahabad High Court has set aside a hasty divorce decree, reaffirming that the right to a fair hearing cannot be compromised in the name of speedy disposal. Justice Ashwani Kumar Mishra and Justice Donadi Ramesh emphasized that "fair adjudication cannot be sacrificed at the altar of speedy disposal."

 

Case Overview

 

The case (First Appeal No. 473 of 2019) involved an appeal by a wife challenging a May 2019 divorce decree granted by the Family Court, Kanpur Nagar. Originally filed in Karkardooma, Delhi, the case was transferred to Kanpur in 2018 following a Supreme Court directive to expedite proceedings within six months.

 

Key Issues Raised

 

1. Denial of Fair Hearing: The appellant argued that she was denied the opportunity to file a written statement, cross-examine her husband, and present evidence.

 

 

2. Procedural Irregularities: The Family Court forfeited her rights the same day litigation costs were paid, leaving no room to meaningfully contest the case.

 

 

 

High Court’s Observations

 

The court criticized the Family Court for undue haste and procedural lapses:

 

While expediting cases is important, it cannot come at the cost of justice.

 

The appellant's rights were effectively rendered illusory due to the rushed proceedings.

 

 

Outcome

 

The High Court restored the case to the Family Court, Kanpur Nagar, with clear instructions:

 

Allow the appellant to file a written statement, cross-examine her husband, and present evidence.

 

Conduct weekly hearings without adjournments unless compelling reasons arise, subject to cost penalties.

 

 

Both parties are required to appear before the Family Court on January 27, 2025, without separate notices. This decision reinforces the principle that justice must remain fair, even under time constraints.