‘Didn’t have an effective opportunity’: Karnataka High Court sets aside divorce decree, says new mother denied fair hearing

The wife moved the high court and contended that the divorce petition was filed on April 19, 2024, shortly after she delivered twin children on February 8. She was thus unable to make necessary arrangements to engage counsel after entering an appearance before the trial court.

Further, presenting the children’s birth certificates, she submitted that the court’s finding of desertion is unsustainable.

The family court passed an order accepting the man’s contention that his wife had deserted him from 2022 and held that the statutory requirement of two years of desertion was satisfied.

In its order dated March 5, the high court noted that the twins’ birth certificates indicate that the appellant is the mother and the respondent is the father of the children. “Prima facie, this circumstance indicates cohabitation between the parties within a period proximate to the filing of the divorce petition,” said the bench.

“Having regard to the fact that the appellant had recently delivered twin children and was residing with her parents during the relevant period, we are of the view that she did not have an effective opportunity to place her defence before the trial court. The finding of desertion has thus been recorded without the benefit of a contested trial and without the appellant having had an opportunity to adduce evidence in rebuttal,” the bench said.

“In matrimonial matters, where a decree of divorce has serious civil consequences, the court must be satisfied that the statutory grounds are established on the basis of proper pleadings and evidence after affording a reasonable opportunity to both parties. In the circumstances of the present case, the interests of justice require that the appellant be afforded such an opportunity.”

Accordingly, it allowed the appeal and directed the family court to hear the matter afresh after hearing the wife.