KARUNA KANSAL versus HEMANT KANSAL & ANR.

KARUNA KANSAL versus HEMANT KANSAL & ANR.

The High Court's impugned order setting aside the ex parte decree and directing the parties to live together, without hearing the appellant or issuing notice to her, and without considering the consequences of her marriage to respondent No.1, is wholly without jurisdiction and legally unsustainable. The impugned orders are set aside and the matter is remanded to the High Court to decide afresh after impleading the appellant as party respondent.

Parties
Appellant: Karuna Kansal; Respondent No.1 (husband): Hemant Kansal; Respondent No.2 (first Wife): Respondent No.2 (first wife)
Jurisdiction
India
Judgment Date
09 May 2019
Procedural Posture
Civil Appeal / Appeal Against High Court Order (review Dismissed)
Outcome
Appeal allowed; impugned orders set aside; case remanded to High Court.
Legal Topics
Impleadment of Necessary Parties, Condonation of Delay, Ex Parte Decree, Review, Matrimonial Dispute
Family Law Civil Procedure Impleadment of Necessary Parties Condonation of Delay Ex Parte Decree Review Matrimonial Dispute

Case Brief

Summary, issues, holding and outcome

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Parties

Karuna Kansal

Appellant

Hemant Kansal

Respondent No.1 (husband)

Respondent No.2 (first wife)

Respondent No.2 (first Wife)

Procedural Posture

Civil Appeal / Appeal Against High Court Order (review Dismissed)

Legal Issues

  1. 1 Whether the High Court's order setting aside the ex parte decree without hearing or impleading the appellant (second wife) was legally sustainable
  2. 2 Whether directions for the husband and first wife to live together could be issued in appeal inter se between them without considering the consequences of remarriage
  3. 3 Whether the Family Court was justified in declining to condone delay and refusing to set aside the ex parte decree

Ratio Decidendi

The High Court's impugned order setting aside the ex parte decree and directing the parties to live together, without hearing the appellant or issuing notice to her, and without considering the consequences of her marriage to respondent No.1, is wholly without jurisdiction and legally unsustainable. The impugned orders are set aside and the matter is remanded to the High Court to decide afresh after impleading the appellant as party respondent.

Court Disposition

Appeal allowed; impugned orders set aside; case remanded to High Court.

Orders

  • Case remanded to the High Court for deciding miscellaneous appeal afresh on merits after impleading appellant as party respondent.
  • High Court requested to persuade parties to settle issues, if possible.