Introduction:

The Allahabad High Court recently addressed the contentious issue of whether expedited proceedings ordered by the Supreme Court can undermine the fundamental right of a spouse to contest divorce proceedings. In the case of Alka Singh Chauhan v. Shakti Singh [FIRST APPEAL No. – 473 of 2019], the bench of Justice Ashwini Kumar Mishra and Justice Donadi Ramesh set aside the divorce decree granted by the Family Court, Kanpur Nagar, citing procedural unfairness and lack of opportunity afforded to the wife to contest the case. The High Court reiterated that the Supreme Court’s direction to expedite proceedings does not imply depriving a party of their right to a fair hearing.

Arguments of the Wife (Appellant):

The appellant-wife contended that the divorce proceedings were carried out in undue haste, denying her the opportunity to present her case and contest the allegations made by the respondent-husband. She highlighted that the Family Court forfeited her right to file a written statement even before she received the litigation cost granted by the Court. The wife also argued that her absence on a single day during the trial was unfairly construed as grounds to forfeit her right to cross-examine the respondent. She maintained that the proceedings were conducted with excessive speed, resulting in a miscarriage of justice. Additionally, she emphasized that the Supreme Court’s directive to expedite the trial was intended to prevent unnecessary adjournments and not to curtail her right to defend herself.

Arguments of the Husband (Respondent):

The respondent-husband argued that the divorce proceedings were conducted in compliance with the Supreme Court’s direction to conclude the matter within six months. He claimed that the appellant-wife had been given sufficient opportunity to participate in the proceedings but failed to utilize them effectively. The respondent also asserted that the Family Court’s actions were justified in light of the timeline set by the Supreme Court, which mandated the expeditious disposal of the case. He defended the decree of divorce as a decision made on merits and within the parameters of the law.

High Court Verdict:

The Allahabad High Court, after examining the procedural history of the case, observed that the Family Court had failed to adhere to principles of natural justice and fair adjudication. The bench noted that the wife’s right to file a written statement was forfeited before the litigation cost awarded to her was received. Furthermore, the Court held that the mere absence of the wife on a single day could not justify forfeiting her right to cross-examine the respondent. The bench emphasized that expedited proceedings should not come at the cost of fairness and due process.

The High Court clarified that the Supreme Court’s directive to expedite the case was aimed at avoiding unnecessary delays and adjournments, not at denying the contesting spouse an opportunity to present their case. It held that the Family Court’s undue haste in concluding the matter had deprived the wife of her fundamental right to a fair trial. Setting aside the divorce decree, the High Court directed that the case be reheard with proper opportunities for both parties to present their arguments and evidence. The bench also instructed that weekly dates be fixed for the proceedings, with adjournments allowed only upon the deposit of Rs. 1,000 per dayas costs.