if husband filed quash petition in HC? how it is communicated to Wife?

829 votes

Non-service of notice to the wife/respondent at the initial stage is a serious procedural lapse. Any order passed behind the back of a necessary party, without proper service, is voidable and liable to be recalled on the ground of violation of principles of natural justice. The approval of the IA granting exemption from personal appearance does not cure the defect of non-service. Such exemption is discretionary and purely procedural; it does not amount to adjudication on merits, nor does it prejudice the respondent’s substantive rights. Since the wife has now received notice mentioning the next date of hearing, she should: Enter appearance immediately through counsel. File an application seeking recall/modification of earlier orders passed without notice. Seek opportunity to file counter/objections to the quash petition on merits. Until the wife is heard, the High Court cannot conclusively decide the quash petition. Courts are bound to ensure fair hearing, and any order obtained by suppression or without notice can be set aside at any stage.

Advocate Pavani Kumari LawRato

898 votes

It is a clear violation of principles of natural justice. You can file a counter affidavit before High Court stating that your husband filed quash petition without giving proper notice to you. As it is a ex parte order you can file new IA to set aside the above IA order by clearly setting out relevant grounds.

Advocate Bhupathiraju Harsha Vardhan LawRato