Incorrect details of wife in divorce petition lead to overturning of divorce decree

A divorce decree that was granted ex-parte (without the appearance of the other party) to a husband, has been overturned and remanded (returned) back by the Karanataka High Court, to the family court to consider it afresh. This was done after it was found that the husband had actually submitted wrong details of his wife's address so that she could not be called upon in court and file her reply to the husband's divorce petition. The wife filed an appeal against the divorce decree in the High Court and it was argued by her that she has filed a petition for restitution of conjugal rights with her husband at the place her parental house in Shironi in Rajasthan. She contended that she only received the news that her husband had already secured a decree of divorce after she filed the petition for restitution of conjugal rights. She stated that she received a copy of the judgment (for the divorce decree) during the said proceedings. This is when she found out that her husband filed the said divorce case and gave her incorrect address, where the place & lsquo Sirohi' (appellant's residential place) had been wrongly shown as Shironi which led to the notice being refused and the husband obtaining a decree of divorce ex parte. It was observed by the Karnataka High Court that “ the entire proceedings before the Family Court at Hubbali was orchestrated in such a way to defeat the legitimate right of Smt. Renu (wife) and also maintenance of minor child Kushal born in wedlock to the appellant and the respondent.” The matter was set aside and sent back for fresh consideration.