Chhatrapati Sambhajinagar: The Aurangabad Bench of Bombay High Court granted an interim stay on the lower court judgement for dissolution of marriage without serving a notice to the life partner. The bench comprising Justice Mangesh Patil and Justice Niraj Dhote issued directives to serve a notice to the respondent's wife.
Her husband, resident of Hyderabad, filed an appeal, through adv Saeed Shaikh in the High Court to challenge the decision of the Parbhani family court. In the appeal, he stated that he did love marriage on December 10, 2020, Parbhani-based woman. They were blessed with a baby boy on April 22, 2022.
However, the family members of the wife were against their marriage, therefore, they continuously insisted his wife break the marriage. Since January- 2023, his wife has been living with her parents at Parbhani. The man tried his best to convince his wife to resume the matrimonial relationship, but all was in vain.
Also, on the insistence of her family members, his wife filed a petition to dissolve the marriage in the Family Court, Parbhani.
His husband did not receive any notice or summons from the lower court in the case. But relying on the affidavit of the woman that the notice was served on the husband through WhatsApp, the Family Court dissolved the marriage which is against Sharia laws and Personal Laws.
In the appeal, he mentioned that the impugned judgment of the Family Court violated the guidelines given by the Personal Law as well as the other Courts of Law of the country including the Supreme Court of India.
Considering the arguments made by adv Saeed Shaikh at the time of the hearing, the HC granted a stay on the ex-parte judgment of the Family Court under ‘Khula’ laws and also issued notice to the respondent. The HC has placed the next hearing of the case next month.