Bombay High Court Rejects Wife’s Plea to Set Aside Divorce Due to Her Absence During Trials
The Bombay High Court recently dismissed a wife’s plea to overturn a divorce decree granted by the Family Court, ruling that her absence during the trial proceedings was unjustifiable. The division bench of Justices Nitin Jamdar and Sharmila Deshmukh highlighted that the wife, having filed three criminal cases against her husband, was well-versed in legal procedures.
The wife claimed she was illiterate and had received poor legal advice, asserting it was the court’s duty to ensure her presence during the trial. However, the court rejected this argument, emphasizing that the wife chose not to attend despite being served multiple summons.
The couple married on May 26, 1986, and had three children. The husband filed for divorce in 2006, citing mental cruelty and accusing his wife of infidelity. He stated that she left their home in 2003 after abusing and humiliating him.
Despite being summoned, the wife refused to appear in court. On December 17, 2007, the Family Court granted the divorce due to her absence. The wife later filed an application to set aside the divorce order, which was rejected in 2008. She then challenged both orders in the High Court.
The High Court observed that the Family Court had waited nearly six months for the wife’s appearance before proceeding with the divorce decree. The bench found no error in the Family Court’s decision, noting the wife’s non-appearance despite numerous summons issued between June and December 2007.
Additionally, the court acknowledged that the wife had filed a petition for restitution of conjugal rights and other criminal cases, further proving her familiarity with legal proceedings. The husband informed the court that the wife had been living with her paramour in Gujarat and was pursuing the case to harass him.
Given these circumstances, the High Court dismissed the wife’s appeal, upholding the Family Court’s original divorce decree.
Case Title: Rohini Raju Khamkar v. Raju Ranba Khamkar
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