BIREN VAISHNAV, NISHA M. THAKORE
Mandeepsingh Indrajitsingh Makhija – Appellant
Versus
Manpreetkaur W/o. Mandeepsingh Makhija D/o. Mohanjeetsingh S. Bagga – Respondent
JUDGMENT :
Biren Vaishnav, J.
1. This First Appeal has been filed by the appellant/ husband- Mandeepsingh Indrajitsingh Makhija, challenging the judgment and decree dated 27.04.2023 passed by learned Family Court No.5, Ahmedabad in Family Suit No.467 of 2017. By the aforesaid judgment and decree, the Family Suit No.467 of 2017 filed by the wife- Manpreetkaur, for dissolution of marriage under Section 13 (1)(i-a) of the Hindu Marriage Act, (henceforth, “the Act”), was allowed.
2. The respondent-wife had approached the Family Court for divorce. It was her case that the marriage between the appellant and the respondent was solemnized on 13.11.2013. The couple started to live together at Delhi. Post shifting to Ahmedabad, it appears that the differences arose between them, as a result of which, particularly, in the year-2015, when the appellant went to the US, things became difficult for her, and therefore, she was constrained to move the Family Court at Ahmedabad for filing a petition for divorce.
3. Mr. Manmeetsingh P. Chhabra, learned counsel for the appellant, would submit as under:
3.1 That for the first time, the seeds of discontent were sown when an FIR was filed against the appellan
The court established that systematic delays and lack of genuine engagement in proceedings do not warrant a remand for a fresh hearing in divorce cases.
The court reinforced that maintenance proceedings under the Hindu Marriage Act should be expedited and not used as a tool for delaying divorce proceedings.
Exparte decree – Setting aside – Every conclusion must be well supported by adequate reasons and if issue is arising that case has not been properly dealt with, same would be relevant circumstance fo....
The court emphasized the necessity of proper service of notice in family law proceedings to uphold the right to a fair hearing, determining that procedural missteps can lead to serious miscarriages o....
Rules of limitation are not meant to destroy the rights of parties. They are meant to see that parties do not resort to dilatory tactics, but seek their remedy promptly. The object of providing a leg....
The Family Court properly adhered to expedited action per statutory mandate, confirming established parameters of cruelty by the appellant, validating the dismissal of the appeal.
The court emphasized that sufficient cause for condoning delay should be evaluated liberally in matrimonial cases, and prior suits do not preclude granting relief due to evolving questions.
The main legal point established in the judgment is the significance of due diligence in seeking amendments to pleadings, especially after the trial has commenced, to prevent delays in adjudication.
Family Court considers it necessary in the interest of justice, it may seek the assistance of a legal expert as amicus curiae. Reading of the Section 13 itself indicates that though a legal practitio....
The court emphasizes the need for time limits in proceedings and holds that cross-examination in matrimonial matters cannot continue endlessly.
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