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Karuna Kansal v. Hemant Kansal & Anr.

Civil Appeal · 2019 INSC 662Decided 9 May 2019
Civil Appeal Nos. 4847-4848 of 2019
Justice Abhay Manohar Sapre · Justice Dinesh Maheshwari

Background

A man's first wife had obtained an ex parte divorce decree, after which he married a second wife (the appellant). The first wife's appeal against a related order was later allowed by a High Court Single Judge, who directed that the man and his first wife should "live together as husband and wife", without ever making the second wife a party to that appeal or hearing her. When the second wife learned of this and sought review, a Division Bench dismissed her review petition, so she appealed to the Supreme Court.

Decision Breakdown

The Supreme Court held that the High Court's order was passed without impleading or hearing the appellant (the second wife), even though the High Court itself had noted her marriage to the husband, making the directions given both procedurally unfair and practically incapable of being carried out. On this short ground alone, the Court held the impugned order was "wholly without jurisdiction and legally unsustainable," allowed the appeals, set aside the High Court's orders, and remanded the matter to the High Court to decide the original appeal afresh after impleading the appellant as a party. The Court also urged the High Court to encourage the parties to reach an amicable settlement of this long-pending dispute where possible.

Lesson Learnt

Any order that affects a person's rights or status cannot be passed without making that person a party and giving them a hearing: an order issued behind someone's back, even in someone else's appeal, can be struck down purely for that procedural failure, regardless of its merits.

Official source (sci.gov.in)View Judgment (PDF)

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