The Supreme Court on Monday stayed the Delhi High Court’s direction for a fresh trial in a matrimonial dispute where a family court had granted divorce by relying on a statutory provision that did not exist.
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The Supreme Court on Monday stayed the Delhi High Court’s direction for a fresh trial in a matrimonial dispute where a family court had granted divorce by relying on a statutory provision that did not exist.
A Bench of Justice Vikram Nath and Justice Sandeep Mehta issued notice on a plea challenging the High Court’s decision, which had set aside the divorce decree and ordered a de novo hearing before the family court. The top court has, for now, halted the retrial while it examines the legality of the High Court’s order.
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The matter arises from a divorce decree passed by a family court, which was later questioned before the Delhi High Court. Upon scrutiny, the High Court found serious legal errors in the judgment, noting that the trial court had mixed up provisions from different matrimonial laws and had invoked a provision under the Special Marriage Act that does not exist, even though the case was filed under the Hindu Marriage Act. In view of these legal infirmities, the High Court had directed that the entire matter be heard afresh.
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The Supreme Court, however, has stayed this direction for a fresh trial and agreed to examine whether such a course was warranted in the facts of the case.
Separately, the family court judge who delivered the divorce decree under question has also approached the Supreme Court, challenging the adverse remarks made against him by the High Court. In that earlier proceeding, the apex court had issued notice on February 11 but declined to stay the strictures passed against the judge.
The present case will now be considered along with the issues arising from the High Court’s findings and the challenge to its directions.
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