Appeal against an indefensible order dropping proceedings under S.9 of the Hindu Marriage Act without party consent. The apex court set aside the lower court order and remitted the matter for fresh decision.
Impugned order dated 18.04.2017 set aside and matter remanded for fresh decision.
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MATA No.66 of 2017
6. 6.8.2019 Heard.
An indefensible order dropping the proceeding U/s.9 of the Hindu Marriage Act, 1955 on the basis of consent of both the parties in C.P. No.418 of 2016 vide order dated 18.04.2017 passed by the learned Judge, Family Court, Balasore is impugned herein.
Apparently, the parties had not given consent for such short-cut disposal as the petitioner has filed this appeal dis-owning the same and learned counsel for the respondent is unable to defend such procedure.
We perused the order dated 11.01.2017 passed in TRP(C) No.270 of 2016, photocopy of which is supplied today by the learned counsel for the appellant. Relevant portion of the order is being reproduced herein below for ready reference:-
“Under the circumstances, this Court is not inclined to interfere in the proceeding, however directs the husband-opposite party to pay a sum of Rs.1,000/- (Rupees one thousand) for the Wife’s proceeding to Balasore to attend the C.P. No.418 of 2016 on the next date of posting to be intimated to the wife in the meantime.
The learned Judge, family Court, Balasore is directed to intimate the petitioner about the next date of posting and the husband-opposite party shall deposit the aforesaid amount on the next date of posting, which shall be released in favour of the wife to her appearing in the court.”
Early disposal is appreciable but procedure
RJ
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unknown to Law cannot be resorted to give premature ending to a lis. The same thing is being done here.
Therefore, we set aside the impugned order dated 18.04.2017 in C.P. No.418 of 2016 passed by the learned Judge, Family Court, Balasore and feel it justify to remit the matter back to take decision afresh in accordance with law.
Accordingly, the MATA is disposed of.
………………… S. K. Mishra, J.
…………..……… Dr. A.K. Mishra, J.
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2 issues framed by the court
Whether the lower court could drop proceedings under S.9 of the Hindu Marriage Act without actual party consent.
Whether premature disposal of lis was lawful.
1 provisions across 1 enactments
Respondent (Wife)
Appellant (Husband)
S. K. Mishra
Dr. A.K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
