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 during ongoing divorce proceedings.
The case, overseen by Chief Justice Vipin Sanghi and Justice Ramesh Chandra Khulbe, involved an appeal by the husband against a Family Court ruling. The Family Court had allowed the wife’s application under Section 5 of the Limitation Act and a second application under Order 9 Rule 13 of the CPC, which set aside an ex-parte divorce decree obtained by the husband.
The husband had filed for divorce under Section 13(1)(ia) of the Hindu Marriage Act, citing cruelty. Despite this, the wife continued to live with him under the same roof throughout the proceedings.
The divorce was granted based on the Process Server’s report, which showed that the wife had acknowledged the summons by signing it. However, the High Court found that the husband had misled his wife and tricked her into signing the summons while they were still living together, keeping her unaware of the divorce case.
The High Court stated that the husband should have separated from his wife before filing for divorce. Instead, he continued to live with her and obtained the ex-parte divorce unfairly. The Court also noted that if the husband’s claims were true, he could have produced evidence, such as testimony from his children, to support his case.
The appeal was dismissed, and the Court ordered the husband to pay Rs. 50,000 to his wife and another Rs. 50,000 to be deposited with the State Legal Services Authority within four weeks.
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