Ex-parte divorce cancelled

Ex-parte divorce cancelled

Parul Nahar vs Soumitra Kumar Nahar

Delhi HC

03/08/2016

MAT.APP. (F.C.) 65/2015, CM APPL.9184/2015, 1964/2016, 18129-18130/2016

About/from the judgment:

EX-PARTE DIVORCE CANCELED!

 

In the light of the above observations and findings, the Court hereby sets aside the impugned order; the appellant is directed to bear the costs of these proceedings, quantified at `50,000/- (Rupees fifty thousand) to be paid to the respondent in two months. The parties are directed to be present before the concerned Family Court, on 08.08.2016. The parties’ statement about the number of witnesses (five for the appellant and six for the respondent) shall bind them. The modified list of witnesses shall be furnished to the Family Court on the next date of hearing. The respondent’s witnesses’ cross-examination shall be taken up thereafter. Given that the present case has reached its fifth anniversary, the Family Court shall endeavor to render final judgment expeditiously. We advise the Family Court to be less tolerant to requests for adjournment on grounds of counsel’s inconvenience (the exception being illness or obvious emergencies). The appeal is allowed in these terms.

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