In a significant development, the Supreme Court of India has stepped in to address the ongoing legal battle in C.S. No 09-A/02, involving the rights of the parties. The High Court’s ruling on the review petition has been set aside, and the case has been remanded for fresh consideration. Stay tuned for the latest updates on this crucial case!
Facts
- ADJ declined to condone the delay in filing the application under Order 9 Rule 13 of the CPC by the first wife.
- First wife’s appeal against the ex parte decree passed in C.S. No 09-A/02 was not known to the second wife (the appellant) at the time of marriage to the husband.
- High Court set aside the ex parte decree and directed the parties to live together as husband and wife upon husband’s statement that he had no problem with the appellant.
- Second wife filed a review petition before the High Court upon learning of the order passed by the Single Judge.
- Appellant has filed present appeals in this Court challenging both the orders.
- Review petition was filed seeking review of the judgment dated 23.12.2011.
- The Division Bench of the High Court dismissed the review petition on 17.10.2014.
- The review petition was filed by the original petitioner.
Also Read: Supreme Court Judgement: High Court’s Order Upheld in Case of [Respondent] v. [Petitioner]
Decision
- The case is remanded to the High Court for deciding the miscellaneous appeal afresh on merits after impleading the appellant as a party respondent.
- Certain events have taken place during the pendency of the litigation which have a bearing on the rights of the parties.
- High Court is requested to implead the appellant as a party in the miscellaneous appeal and encourage the parties to settle the issues amicably.
- If parties are unable to settle amicably, the miscellaneous appeal should be decided on its merits in accordance with the law.
- Impugned orders are set aside and the High Court is directed to decide the appeal without being influenced by any previous observations.
Also Read: Landmark Judgment: Declaration of Coparcenary Property and Invalid Sale Deeds
Case Title: KARUNA KANSAL Vs. HEMANT KANSAL
Case Number: C.A. No.-004847-004848 / 2019
