Lawstreet Journal

Allahabad HC Grants Ex-Parte Divorce to Husband After Wife Fails to Appear Before It [READ ORDER]

Lawstreet Journal 28 May 2020 9:42pm

Image courtesy: Lawstreet Journal Judiciary Allahabad HC Grants Ex-Parte Divorce to Husband After Wife Fails to Appear Before It [READ ORDER]

The Division Bench of Justices Anil Kumar and Saurabh Lavania of the Allahabad High Court (Lucknow Bench) has in the matter of Aayush Rastogi v. Principal Judge Family Court Lucknow And Another, granted ex-parte decree to an aggrieved husband after wife failed to appear before the Trial Court as well as before the High Court. The judgment to this effect was passed on April 29, 2020. 

 

Background of the Case:

The appellant (Aayush) had challenged the judgment and order dated November 07, 2015, passed by the Principal Judge, Family Court, Lucknow in Aayush Rastogi Vs. Smt. Malvika Rastogi, whereby the divorce petition under Section 12(1) (c) of the Hindu Marriage Act, 1955 moved by the appellant was dismissed.

Section 12: Voidable Marriages. -

(1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, 

namely: - 

(a) – (b)

(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under Section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978, the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent;

Marriage of Aayush Rastogi and respondent no.2 of the present case Smt. Malvika Rastogi was solemnized as per the Hindu Rites and Rituals in 2011 at Lucknow. After… Continue Reading...


Tagged: Divorce  
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