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TARUN CHATTERJEE AND H.S. BEDI, JJ.
ARUNDHATI ALIAS HARSHANA – Appellant
Versus
IRANNA ALIAS VEERENDRA – Respondent
Civil Appeal No. 1584 of 2008
Decided on February 25, 2008
Delay condoned - Divorce Appeal - The court set aside the judgment of the High Court and remitted the appeal back for fresh determination, as the High Court erred in dismissing the first appeal at the admission stage without issuing notice to the respondent and without considering the evidence and other materials on record.
Fact of the Case:
A suit was filed by the appellant wife for divorce on the ground of cruelty and desertion. The suit was dismissed and a first appeal was carried to the High Court. The High Court dismissed the appeal at the admission stage without calling for the records and without admitting it.
Finding of the Court:
The court found that the High Court had erred in dismissing the first appeal at the admission stage without considering the evidence and without issuing notice to the respondent. The judgment of the High Court was set aside and the appeal was remitted back for fresh determination.
Issues: The issue was whether the High Court erred in dismissing the first appeal at the admission stage without considering the evidence and without issuing notice to the respondent.
Ratio Decidendi: The court held that the High Court had erred in dismissing the first appeal without following proper procedure and without considering the evidence. The appeal was remitted back for fresh determination.
Final Decision: The appeal was allowed, and the judgment of the High Court was set aside. The appeal was remitted back to the High Court for fresh determination.
ORDER
1. Delay condoned.
2. Leave granted.
3. This appeal is directed against the judgment and order dated 22-9-2006 of the High Court of Karnataka at Bangalore in MFA No. 1741 of 2006, whereby the High Court had dismissed the first appeal which was to be decided on facts and law.
4. A suit was filed by the appellant wife for divorce on the ground of cruelty and desertion. The suit was dismissed and a first appeal was carried to the High Court. By the impugned judgment the High Court had dismissed the appeal at the admission stage without calling for the records and without admitting it.
5. We have heard the learned counsel for the parties and examined the judgments of the High Court as well as of the trial court and other materials on record. In our view the High Court had erred in dismissing the first appeal at the admission stage itself without issuing notice to the respondent and without looking into the evidence and other materials on record and also without considering the propriety of the findings made by the trial court. Accordingly, the judgment of the High Court is set aside and the appeal is remitted back to the High Court for fresh determination by passing a reasoned order in accordance with law after serving notice on the respondent and taking into consideration the entire materials on record including the oral and documentary evidence.
6. For the reasons aforesaid, the appeal is allowed to the extent indicated above. There will be no order as to costs.
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