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Bombay High Court Rejects Wife’s Plea to Cancel Divorce Due to Her Absence

Bombay HC Rejects Wife’s Plea to Cancel Divorce Due to Her Absence

The Bombay High Court ruled that a wife cannot seek to cancel a divorce decree if she deliberately stayed absent during the court proceedings. The decision came after the woman claimed she was unaware of the legal process, despite having filed multiple criminal cases against her husband.

Court Observes Wife’s Legal Awareness

A division bench of Justices Nitin Jamdar and Sharmila Deshmukh dismissed the wife’s argument that she was illiterate and had received poor legal advice. The court emphasized that since she had filed three criminal cases against her husband, she was familiar with legal procedures.

Background of the Case

  • The couple married on May 26, 1986, and had three children.
  • In 2006, the husband filed for divorce citing mental cruelty, alleging that his wife had an affair and left their home in 2003 after abusing and humiliating him.
  • The Family Court issued multiple summons, but the wife refused to appear.
  • On December 17, 2007, the Family Court granted divorce, stating that there was sufficient evidence.

Wife’s Appeal Dismissed

The wife later challenged the divorce ruling, claiming that the court should have ensured her presence. However, the High Court dismissed her appeal, stating that it was her responsibility to attend the proceedings.

Husband Had Remarried, No Fraud Found

The Family Court also noted that the husband had remarried, and there was no case of fraud against him. The High Court upheld this decision, rejecting the wife’s claim.

Final Verdict

Considering all the circumstances, the Bombay High Court dismissed the wife’s appeal, reaffirming that a person who ignores court summons cannot later challenge the judgment.

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