No extreme urgency to grant divorce during pandemic: HC

S Shyam Prasad | NT

Bengaluru: The High Court of Karnataka has overturned a decree of divorce granted by a Family Court after noticing that urgent hearing of the case was held during the Covid Pandemic.

The HC in its judgement said that if the urgency was with regard to maintenance or protection orders, the exception could have been accepted but not for granting divorce.

“The trial Court conducted hearings including recording of the evidence when the world was in the grip of Covid-19 pandemic and when the SOP issued by the High Court of Karnataka to regulate the conduct of the cases was in force. No exception could be taken if the urgent cases relating to maintenance or protection orders were taken up. By no stretch of imagination it can be said that taking up the case for divorce decree during pandemic period was an extreme urgency, ” the division bench of Justice KS Mudagal and Justice KV Aravind said in their judgement recently.

The couple was married in Chennai in 2007 and living in Bengaluru. They had two children born in 2008 and 2013.

The husband approached the Family Court seeking divorce in 2020. On January 27, 2021, the Family Court placed the respondent-wife ex-parte and examined the husband and the documents submitted by him.

The divorce was granted on July 19, 2021. This was challenged by the wife in the High Court.

The counsel for the wife argued before the HC that “The dates and events in the case show that the petitioner deliberately hurried the matter during Covid-19 period and surreptitiously obtained the decree for divorce.”

The Court was also told that the wife was not given an opportunity to respond to the allegations made by the husband. Considering the dates on which the trail was held, the HC said that the Family Court acted in extreme urgency when it was not required.

The HC also objected to the trial court accepting the mental health allegations against the wife.

“The allegation of mental health condition is very serious. Having regard to the provisions of the Mental Healthcare Act, 2017, the Court shall not accept such condition in the absence of acceptable evidence. The petitioner did not produce any medical evidence or medical records to show that the respondent was suffering mood swings or other mental health condition,” the HC said.

The HC also found fault with the Family Court granting divorce under Section 13(1) of the Hindu Marriage Act on the ground that the marriage is irretrievably broken down.

“Such power is exercised only by the Hon'ble Supreme Court in exercise of its powers under Article 142 of the Constitution. The Trial Court is not vested with such power,” the HC said.

Quashing the Family Court order and remitting the case to it for fresh consideration, the HC said, “The impugned judgment is without application of mind and without appreciation of the evidence or the basic principle of evaluation of evidence. The above facts and circumstances further show that the petitioner took advantage of Covid-19 pandemic period.”

The HC also directed the trial court to dispose of the matter “as expeditiously as possible at any rate within six months from the date of appearance of the parties.” (MFA 6578/2021)