The Uttarakhand High Court has set aside a Family Court order that had closed a wife's right to file her defence in an ongoing matrimonial dispute and directed the case to proceed ex parte. The Division Bench held that while matrimonial matters should be decided without unnecessary delay, that objective cannot come at the cost of giving a party a reasonable opportunity to present their case.
Background of the Case
The appeal was filed by wife against husband under Section 19 of the Family Courts Act, 1984. The dispute arose from divorce proceedings initiated by the husband under Section 13(1)(ia) and (ib) of the Hindu Marriage Act. The matter had earlier been transferred by the Supreme Court to the Family Court at Haridwar.
During the proceedings, the Family Court had awarded the wife ₹5,000 as litigation expenses and ₹200 towards travel expenses. On July 1, 2026, she appeared before the court and sought additional time to file her written statement, stating that the awarded litigation expenses had not yet been paid. The Family Court rejected her request, closed her right to defend the case, and ordered that the proceedings continue ex parte.
Court's Observations
After hearing both sides, the Division Bench of Justice Manoj Kumar Tiwari and Justice Pankaj Purohit found that the Family Court had acted too harshly.
The Bench observed,
“The direction for expeditious disposal of matrimonial proceedings cannot be construed to mean that a reasonable opportunity of hearing should be denied to either party.”
The High Court noted that the wife was present before the Family Court and had expressed her willingness to participate in the proceedings. Even if the litigation expenses were tendered on the same day, she should have been given a reasonable opportunity thereafter to submit her written statement instead of losing her right to defend the case.
Court's Decision
Allowing the appeal, the Uttarakhand High Court set aside the Family Court's order dated July 1, 2026. The Bench granted the appellant-wife 15 days to file her written statement and directed the Family Court to continue the matrimonial proceedings expeditiously without granting unnecessary adjournments.
The pending application was also disposed of.
Case Details
Case Title: x v. y
Case Number: Appeal From Order No. 270 of 2026
Judge: Justice Manoj Kumar Tiwari and Justice Pankaj Purohit
Decision Date: 23 July 2026
