Allahabad High Court Upheld Ex Parte Divorce Decree Passed Against the Wife

- The Allahabad High Court observed that it is natural right of a defendant/accused/opposite party to be heard before any order is passed against him/her, however the said right cannot be used for defeating the judicial process/end of justice.
- The Allahabad High Court observed that if the delay in judicial proceedings is deliberate or due to wilful negligence of a defendant/accused/opposite party, then the said person cannot be allowed to take advantage of its own wrongs in the divorce proceedings.
- The Allahabad High Court observed that a person cannot be allowed to take advantage of its own deliberate delay or wilful negligence, even if such person willingly offers to pay cost as such acts amount to a mockery of the judicial process.
- The Allahabad High Court observed that if a party fails to proceed further in a case filed by him/her or fails to appear before the court after service of summons or remains absent after appearance without just and reasonable cause, then the delay condonation application filed by such person may be rejected and such person may not be allowed to take advantage of principles of natural justice.
This article is researched and authored by Advocate Aarun Chanda practicing at Mumbai & Pune
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