Case Note & Summary
The judgment pertains to two writ petitions arising from a matrimonial dispute between Mr. Harmeet Singh (husband) and Mrs. Juliet Kukreja (wife). The husband filed WP No. 10091/2024 under Article 227 of the Constitution of India seeking to set aside the order dated 06.03.2024 passed by the I Additional Principal Judge, Family Court, Bengaluru in G and WC No. 71/2020, which allowed the wife's application (IA No. 8) to restore the divorce petition to file. The wife filed WP No. 19407/2024 under Articles 226 and 227 seeking to quash the same order. The core issue is that the Family Court allowed the restoration application without issuing notice to the husband, thereby violating principles of natural justice. The High Court, after hearing both sides, held that the order was passed ex-parte without notice to the husband and set aside the impugned order. The court directed the Family Court to restore the petition to file and proceed in accordance with law after giving an opportunity of hearing to both parties. The husband's petition was allowed, and the wife's petition was dismissed.
Headnote
A) Family Law - Ex-parte Order - Restoration of Petition - Notice Requirement - The Family Court allowed the wife's application to restore the divorce petition to file without issuing notice to the husband, which was challenged by the husband. The High Court held that the order was passed without notice to the husband, violating principles of natural justice, and set aside the order. (Paras 1-10) B) Family Law - Divorce - Matrimonial Dispute - The parties are husband and wife involved in a divorce case pending before the Family Court. The wife sought restoration of the petition which was allowed ex-parte. The High Court found that the husband was not given an opportunity to be heard before the restoration order was passed. (Paras 1-10)
Issue of Consideration
Whether the Family Court was justified in allowing the restoration of the divorce petition to file without issuing notice to the husband, and whether the order dated 06.03.2024 is liable to be set aside.
Final Decision
The High Court allowed WP No. 10091/2024 filed by the husband and set aside the order dated 06.03.2024 passed by the I Additional Principal Judge, Family Court, Bengaluru in G and WC No. 71/2020. The court directed the Family Court to restore the petition to file and proceed in accordance with law after giving an opportunity of hearing to both parties. WP No. 19407/2024 filed by the wife was dismissed.
Law Points
- Ex-parte order
- restoration of petition
- notice requirement
- setting aside ex-parte order
- Family Court
- Article 227
- Article 226
- writ petition
- divorce
- matrimonial dispute
