ALLAHABAD HIGH COURT UPHOLDS 'EX-PARTE' DIVORCE DECREE PASSED ON WIFE'S CONTINUED ABSENCE; THE NATURAL JUSTICE CANNOT BE USED TO DEFEAT ENDS OF JUSTICE

The Allahabad High Court in the case. Smt. Jyoti Verma v. Prashant Kumar Verma observed and has held that even though the opportunity of hearing before passing an order by the court is non-negotiable and the same cannot be used to defeat the ends of justice.

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The court in the case held that has been negligently or deliberately caused by one party, it cannot be allowed to take advantage of the delay.

The bench comprising of Justice Saumitra Dayal Singh and Justice Shiv Shanker Prasad in the case observed and has held that the delay largely attributed to the conduct of a party, he may never be allowed to turn around and to take advantage of the same even if the costs are being offered to be paid and in order to accept the same, it would be to make mockery of justice dispensation.

In the present case, the proceedings for dissolution of marriage were instituted in 2011 which were dismissed due to non-appearance of the Appellant-wife in the year 2014. Thus, in the beginning, though the Appellant-wife appeared.