The single judge dismissed the husband's appeal against the appellate Court's order quashing a divorce judgment and remanding to the trial court. The court held the appellate order was not perverse, as the wife opposed the divorce and needed an opportunity to present her case.
Appeal dismissed; Civil Application disposed off.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
AO/10/2019 & ANR
1 of 3
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
APPEAL FROM ORDER NO.10 OF 2019 WITH CA/1893/2019 IN AO/10/2019
SUJIT VASANTRAO KARAD VERSUS REKHA SUJIT KARAD
Advocate for Petitioner : Shri Kendre N.D. Advocate for Respondent : Shri Mane D.M. h/f Shri Nagargoje A.N.
CORAM : RAVINDRA V. GHUGE, J. Dated: March 11, 2019
PER COURT :-
AO/10/2019 & ANR
2 of 3
Advocates for the respective sides and have gone through the grounds formulated by the appellant in the memo of the appeal.
AO/10/2019 & ANR
3 of 3
before the trial Court, if an opportunity is not granted to her, she would be remediless against the divorce granted by the trial Court.
( RAVINDRA V. GHUGE, J. )
akl/d
2 issues framed by the court
Whether the appellate Court was justified in quashing the trial Court judgment and remanding the divorced Marriage Petition for non-participation of the wife.
Whether the lapses in the wife's participation warrant remanding the matter instead of dismissing the appeal as the wife opposes the divorce.
Colour shows how this judgement treated each authority
Municipal Corporation, Hyderabad Vs. Sunder SinghDistinguished¶10
Municipal Corporation, Hyderabad Vs. Sunder Singh [(2008) 8 SCC 485] · Who else cites this
Rampyare Ram Hiraman Prasad Vs. Usha Prasad Rampyare Ram HiramanDistinguished¶10
Rampyare Ram Hiraman Prasad Vs. Usha Prasad Rampyare Ram Hiraman [2017 (5) Mh.L.J. 378] · Who else cites this
SUJIT VASANTRAO KARAD
REKHA SUJIT KARAD
RAVINDRA V. GHUGE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
