The Bombay High Court has dismissed a wife’s appeal to overturn a divorce decree granted by the Family Court, citing her non-attendance during the court proceedings. The court observed that the woman, who had filed multiple criminal cases against her husband, was well-versed in legal procedures and chose not to attend the hearings.
A division bench of Justices Nitin Jamdar and Sharmila Deshmukh rejected the wife’s claim that she was illiterate and received poor legal advice. The court emphasized that the summons were served, and it was not the court’s responsibility to ensure her attendance.
The couple had married on May 26, 1986, and had three children. In 2006, the husband filed for divorce, accusing the wife of mental cruelty and alleging she had an affair. Despite being summoned multiple times between June and December 2007, the wife did not attend any of the hearings, leading the Family Court to grant the divorce on December 17, 2007.
The wife later sought to set aside the divorce decree, but her application was rejected by the Family Court in 2008. She then appealed the decisions in the Bombay High Court, which upheld the Family Court’s ruling.
The court noted that the wife had filed petitions for restitution of conjugal rights, maintenance, and criminal complaints under sections 498A and 506 of the Indian Penal Code. However, despite multiple opportunities to attend the hearings, she failed to appear.
The husband’s lawyer informed the court that the woman had been living with another man in Gujarat and was using the legal proceedings to harass him. Given the circumstances, the High Court dismissed the wife’s appeal.
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