The Karnataka High Court has overturned the ex-parte divorce decree received by a husband and sent the case back to the family court for fresh consideration as it was found that the husband has given the wife Had given the wrong address details, so that the wife could not come to court to file her answer on his divorce petition. 


The wife argued before the High Court that, "Since the appellant's ancestral home is in Shironi in the state of Rajasthan, she went there and filed a petition for Restitution of conjugal rights. To file the said petition She then learns that her husband has taken a divorce decree.


 " It was further contended that, "she obtained a certified copy of the judgment in the said proceedings and found that the husband had filed a matrimonial case giving the wrong address of the wife, where 'Shironi' is the residence of the appellant, wrongly referred to her as 'Sirohi' 'Is shown. The notice received' refused 'endorsement and the matrimonial case filed by the husband was disposed of on merit. 


" The husband had asked the court to appear before the court, but his lawyer told the court that "he could not get in touch with the defendant / respondent. The 2 mobile phones given to him are switched off, so he approached the defendant." Were not able to do it. "





The Bench observed: "All these things clearly indicate that the entire proceedings before the Family Court at Hubli, to defeat the legitimate right of Mrs. Renu and the minor child born from the wedlock of the appellant and defendant, Kushal's maintenance.


 It was also observed that the decree of divorce was granted without appreciating the material on record as well as those statutory provisions. Was not followed, that while the divorce decree by the lower courts, is required to visit, so will be canceled this decree. " Decision: The case has been referred back to court for fresh consideration.


 It has been clarified that the case will be heard on 20 September 2019. On this day, the Family Court will consider, for the first time, the maintenance payable to the defendant-wife and the minor child born to wedlock. In this proceeding, both the parties have been directed to appear before the Family Court, Hubli on the next date of hearing, so that there is no further delay in the decision of the case.


JUDGMENT HERE