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Family LawSupreme Court of India

Sunil v. Sakshi @ Shweta & Anr.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 415 of 2015)Decided 14 Jan 2015
Civil Appeal No. 415 of 2015
Justice Sudhansu Jyoti Mukhopadhaya · Justice N.V. Ramana

Background

The husband had obtained an ex parte divorce decree from the Family Court, Belgaum after the wife did not contest the proceedings on certain dates. The High Court of Karnataka set aside that decree, imposed costs of Rs. 25,000 on the husband, and directed that a criminal complaint be lodged against him for fraud/forgery, holding that he had misled the Family Court and improperly used the wife's signed blank vakalatnama. The husband appealed to the Supreme Court, contending the High Court had misread the record.

Decision Breakdown

The Supreme Court examined the Family Court's order sheets in detail and found that, contrary to the High Court's assumption, the wife had in fact appeared through counsel on 17 September 2012, when her earlier ex parte order was set aside by consent after hearing both sides, and the matter was referred to conciliation. The High Court had overlooked this order while concluding the husband played fraud. The Court held that merely because both parties' case papers were printed from the same computer software, it could not be presumed the husband misused a blank vakalatnama signed by the wife: such a finding required evidence, not presumption and conjecture. Finding the High Court's fraud finding unsupported by the record, the Supreme Court set aside the High Court's judgment and allowed the appeal, with no order as to costs.

Lesson Learnt

Serious findings like fraud on the court cannot be based on presumption or conjecture: they must be grounded in the actual record of proceedings, and appellate courts must carefully verify lower-court order sheets before overturning a decree on such grounds.

Sunil v. Sakshi @ Shweta & Anr. – Legal Case Shots | LegalAware