Calcutta High Court: Ex-Parte Orders in Matrimonial Cases Unjust

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Published on: October 29, 2023 at 13:49 IST

The Calcutta High Court has expressed that it is unjust to issue ex-parte orders in matrimonial cases as these orders can have far-reaching social, financial, and emotional impacts.

This observation came during a case where a husband challenged several ex-parte orders in favor of his estranged wife in a matrimonial suit.

Justice Shampa Sarkar made this observation while dealing with the husband’s plea, who argued that at least four ex-parte orders were issued this year, extending the time for his wife to file written statements in their matrimonial case.

The court criticized the practice, emphasizing that ex-parte decisions in matrimonial suits are unjust and can have significant social, financial, and emotional consequences.

The husband contended that these orders were issued without any formal application from his wife seeking an extension of time, but the court disagreed, stating that rules of procedure should serve justice, not hinder it.

The court further stressed that both parties should have the opportunity to contest the suit and participate fully in the proceedings.

As a result, the Calcutta High Court declined to set aside the family court’s interim orders and instructed the family court to resolve the case within a year.

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