The Allahabad High Court, in a crucial judgment, reaffirmed that the right of a party to contest legal proceedings cannot be compromised, even under the mandate to expedite. Justice Ashwani Kumar Mishra and Justice Donadi Ramesh, setting aside a hasty divorce decree, emphasized that “fair adjudication cannot be sacrificed at the altar of speedy disposal.”
Case Details and Background
The case (First Appeal No. 473 of 2019) was brought before the court by the appellant-wife, challenging the May 2, 2019 decree of divorce granted by the Family Court, Kanpur Nagar. The proceedings originated in the Family Court, Karkardooma, Delhi, before being transferred to Kanpur by the Supreme Court on January 10, 2018, pursuant to a transfer petition.
The Supreme Court directed the Kanpur court to expedite the matter and dispose of it within six months, explicitly advising against unnecessary adjournments.
Contentions and Legal Issues
The primary issues in the appeal centered around:
1. Denial of a Fair Opportunity to Contest: The appellant argued that her procedural rights were disregarded, as the Family Court forfeited her right to file a written statement, cross-examine the husband, and adduce evidence.
2. Litigation Costs and Procedural Irregularities: The appellant’s counsel contended that the litigation cost awarded to her on December 4, 2018, was paid late (on March 18, 2019), and on the same day, her right to file a written statement was forfeited.
The appellant further highlighted that critical decisions, such as framing of issues and forfeiture of her right to cross-examine, occurred without adequate notice or consideration of her presence.
Court’s Observations
The High Court noted glaring irregularities in the Family Court’s handling of the case:
– The Family Court acted in undue haste, denying the appellant sufficient time to participate meaningfully in the proceedings.
– While the Supreme Court’s direction to expedite the matter was intended to avoid unnecessary delays, it did not justify the procedural shortcuts that compromised fairness.
– The right to file a written statement was forfeited on March 18, 2019, the same day litigation costs were paid, rendering the opportunity to contest illusory.
The bench remarked, “Expeditious disposal of matters is always to be appreciated, but while doing so, regard will have to be had that fair opportunity of contest to a party is not denied.”
Outcome
The High Court set aside the divorce decree and restored the case to the Family Court, Kanpur Nagar, with directions to allow the appellant to file her written statement, cross-examine the husband, and adduce evidence. The matter is to be handled expeditiously, with weekly hearings, and no adjournments permitted without compelling reasons and payment of costs.
Both parties have been directed to appear before the Family Court on January 27, 2025, with no separate notices to be issued.
