Reversal of Divorce Judgment: Marriage Dissolved
In a recent judgment dated March 15, 2024, the High Court of Delhi reversed a divorce judgment, leading to the dissolution of a marriage between Jampa Gyal Tesn and Yeshi Lhamo. The reversal came after an appeal against the judgment and decree of the Principal Judge, Family Courts, Tis Hazari, Delhi, dated March 3, 2022. The appellant sought relief under Section 13(1)(ib) of the Hindu Marriage Act, 1955 (hereafter referred to as the “1955 Act”).
Delay Condoned for Appeal Filing
The appellant filed an application seeking condonation of a 91-day delay in filing the appeal, which the court granted considering the circumstances.
Lack of Contestation by Respondent
Despite multiple notices and publication of proceedings in newspapers, the respondent did not appear before the court, resulting in ex parte proceedings against her.
Evaluation of Evidence
The appellant presented evidence including marriage photographs, a marriage registration certificate, and ID proofs. However, the Principal Judge found discrepancies and lack of conclusive evidence regarding the marriage solemnization.
Court’s Reversal
The High Court examined the findings and concluded that since the respondent did not contest the petition, the assertions and evidence presented by the appellant should have been accepted. The court criticized the rejection of the marriage registration certificate and emphasized the lack of contestation by the respondent.
Dissolution of Marriage
Based on the foregoing reasons, the High Court reversed the impugned judgment, decreeing the dissolution of the marriage between the parties.
This judgment highlights the importance of contestation in legal proceedings and the need for courts to carefully evaluate evidence before making decisions affecting marital relationships.
