VidhiSangh

Supreme Court of India · 09/05/2019

KARUNA KANSAL versus HEMANT KANSAL & ANR.

[2019] 7 S.C.R. 477 · 2019 INSC 662

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Summary

The High Court’s order setting aside an ex parte divorce decree and directing the original spouses to live together could not stand when the husband’s subsequent wife had neither been impleaded nor heard. Despite knowing of the subsequent marriage, the High Court failed to consider its consequences. The miscellaneous appeal concerning refusal to condone delay in seeking to set aside the decree was remanded after directing impleadment of the subsequent wife and an attempt at settlement.

Issues

  1. Whether matrimonial directions affecting the subsequent wife could be issued without impleading or hearing her.
  2. How the appeal against refusal to condone delay should proceed on remand.

Held

Result

Appeals allowed. High Court’s original and review orders set aside; miscellaneous appeal remanded for fresh decision after impleading the appellant. Settlement to be attempted first; failing settlement, merits to be decided in accordance with law. No final adjudication of marital status or delay condonation.

Judgment PDF: Supreme Court of India, [2019] 7 S.C.R. 477.