Delhi High Court set aside order of Family Court allowing divorce petition filed by husband on ground of wife’s non appearance during Covid-19.
While allowing the Appeal filed by wife through Advocate Preeti Singh, the High Court observed that divorce decree cannot be upheld as it was passed without granting due opportunity to the wife, who had also filed her response to the divorce petition.
The Couple was married in February 2013 and were living separately since March 2013. One son was born out of marital wedlock. The Husband had filed divorce petition before Patiala House Family Court.
Patiala House Court passed Ex-parte decree in favour of husband on 24-09-2020.
Advocate Preeti Singh submitted before the High Court that wife had been regularly appearing before the Court since filing of the Petition but she could not appear on one day i.e. 16-03-2020 and the Family Court hurriedly proceeded against her ex-parte.
Counsel also submitted that Delhi High Court issued a notification on 13-03-2020, whereby the High Court had asked the Counsels to advice their clients not to visit court unless directed by the Court. It was also directed that no adverse orders would be passed due to non-appearance of parties during the pandemic.
Division Bench of Justice Vipin Sanghi and Justice Rekha Palli noted that on 16-03-2020, when the wife was proceeded exparte by the Family Court, the pandemic had already set in and the functioning of the Courts was also severely restricted.
High Court allowed the appeal filed by wife by observing that when the subordinate courts were specifically instructed not to pass any adverse orders in absence of parties then the Family Court should have waited for the wife to appear by giving her opportunity to contest the matter rather than hurriedly proceeding ex-parte against her.
