Uttarakhand High Court Fines Husband for Misleading Wife in Divorce Case
The Uttarakhand High Court recently imposed a fine on a husband for misleading his wife and obtaining her signature on divorce summons without her knowledge. The court found that the husband’s actions were deceptive and unfair.
The bench, led by Chief Justice Vipin Sanghi and Justice Ramesh Chandra Khulbe, was hearing an appeal challenging a Family Court order. The Family Court had allowed the wife’s applications under Section 5 of the Limitation Act and Order 9 Rule 13 of the CPC, setting aside the ex-parte divorce decree obtained by the husband.
Case Background
The husband had filed for divorce under Section 13(1)(ia) of the Hindu Marriage Act, citing cruelty by the wife. Despite initiating divorce proceedings, the husband continued to live with the wife under the same roof.
During the case, the court accepted the Process Server’s report, which showed that the wife had acknowledged the summons with her signature. Based on this, the Family Court granted the ex-parte divorce decree.
However, it was later revealed that the husband misled the wife to obtain her signature on the summons while she remained unaware of the legal developments.
Court’s Observations
The High Court criticized the husband’s conduct, stating that if he genuinely wanted a divorce, he should have separated from his wife instead of continuing to live with her. The court noted:
- The husband deceived his wife to obtain her signature on the summons.
- He manipulated the situation to get the divorce decree without her knowledge.
- The husband failed to present any evidence, such as testimony from his children, to support his claim that he was not living with the wife during the proceedings.
Court’s Decision
The High Court dismissed the husband’s appeal and upheld the Family Court’s decision to set aside the ex-parte divorce. The court ordered the husband to:
- Pay ₹50,000 to the wife as compensation.
- Deposit an additional ₹50,000 with the State Legal Services Authority within four weeks.
Case Title:
Mahendra Prasad Dwivedi v. Lajji Devi
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