Supreme Court’s Order To Expedite Divorce Does Not Deprive Wife’s Right To Contest Proceedings: Allahabad HC
The wife appealed the divorce decree, arguing she was denied a fair chance to contest the proceedings, as her right to cross-examine the husband was forfeited.
The Allahabad High Court ruled that an order issued by the Supreme Court to expedite divorce proceedings cannot serve as a justification to deny the wife her right to contest the divorce case.
Factual Background
The couple married in 2015. In 2016, the husband filed for divorce in Karkardooma, Delhi, citing adultery by the wife. Later, the wife approached the Supreme Court to transfer the proceedings to Kanpur Nagar, Uttar Pradesh, which the Court granted. Along with the transfer, the Supreme Court instructed that efforts be made to resolve the matter within six months without unnecessary adjournments.
The wife then filed a petition under Section 24 of the Hindu Marriage Act, 1955, seeking maintenance and litigation costs. She was granted a litigation cost of Rs. 10,000, but her request for maintenance was rejected. She also filed a recall application in 2019, which was subsequently dismissed. The Family Court gave her until March 27, 2019, to submit her written statement.
However, on March 28, 2019, the Family Court forfeited her right to cross-examine the husband, and on May 2, 2019, the Court granted the divorce in favour of the husband. The ruling was based on the expedited timeline set by the Supreme Court, and the wife filed an appeal, arguing that she had not been given a fair chance to contest the proceedings.
The Division Bench of Justice Ashwani Kumar Mishra and Justice Donadi Ramesh held, “The undue hot haste in which the Court has proceeded cannot be approved of. Although there was a direction by the Supreme Court to expedite the proceedings and conclude it within six months but such direction was to resist any uncalled for adjournment claimed by the parties. The order of the Supreme Court cannot be construed as depriving the wife to contest the proceedings.”
Reasoning
The Court said, “The manner in which the proceedings have been undertaken by the Family court culminating in passing of the decree of divorce clearly cannot meet the approval of a fair adjudication in the matter.”
The Court observed that the Family Court had prematurely forfeited the wife’s right to file a written statement and cross-examine the husband. The High Court concluded that such a decision was made hastily and without providing sufficient opportunity for the wife to fully participate in the legal process.
The Court also noted that the wife had not been given a fair chance to contest the divorce proceedings, particularly when her right to cross-examine the husband was revoked after her failure to attend a single hearing. The High Court emphasized that mere absence from one hearing should not lead to the forfeiture of a party's right to contest the case.
The High Court reaffirmed that the Supreme Court’s directive to expedite the proceedings did not mean that the wife’s right to a fair hearing could be ignored. The expedited timeline was meant to curb unnecessary delays, not to truncate the wife’s rights. Therefore, the High Court set aside the divorce decree and directed that the case be heard fairly, with the wife being given a full opportunity to contest the proceedings.
Additionally, the Court ordered that the Family Court should fix weekly hearing dates and that any adjournments should only be granted upon payment of a daily fine of Rs. 1,000, ensuring that the proceedings are not unduly delayed.
Cause Title: Alka Singh Chauhan v. Shakti Singh, [2025:AHC:4505-DB]
Appearance:
Appellant: Advocates Mehul Khare, Pragya Pandey
Respondent: Advocates Iftekhar Ahmad, Lakshman Singh, Rahul Mishra, Rohan Gupta, Sanjay Mishra
Click here to read/download Order
