New Delhi: The Supreme Court on Thursday dissolved a marriage after the wife refused to respond to its notice to appear in court to contest the case.
The husband had been fighting a legal battle for the last three years after his wife withdrew her consent for divorce after filing a joint petition in the family court.
A bench of Justices R K Agrawal and Abhay Manohar Sapre invoked the SC’s extraordinary power granted under Article 142 to dissolve the marriage without hearing the wife as she refused to respond to its notice issued on the husband’s plea. The court said she was not interested in keeping the marital relationship alive and allowed the husband’s divorce plea.
Article 142 empowers the SC to pass order as is necessary for doing complete justice in any cause or matter pending before it. The couple got married in 2013 but the relationship soured soon after and they agreed to separate.
They filed a joint petition in the family court seeking dissolution of marriage through mutual consent. The wife thereafter did not appear before the court which finally dismissed the petition. The man then approached the High Court of Judicature at Hyderabad which refused to grant him divorce after his wife’s lawyer contended that she had not given consent.
Agreeing to examine his plea, the apex court had issued a notice to the wife to file her response but neither she not her lawyer appeared to argue pear before the court on 18 dates when the matter was taken up for hearing.
Taking into account her conduct, the apex court dissolved the marriage and said there was no dispute that the couple had entered into an agreement to end the marital relationship.
Source : timesofindia