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Supreme Court of India 2019-05-09 allowed

KARUNA KANSAL vs HEMANT KANSAL

Bench: 2 — Abhay Manohar Sapre, Dinesh Maheshwari

In Brief

In this matrimonial dispute between a husband and his two wives, the second wife (appellant) challenged a High Court order that set aside the divorce decree between the husband and his first wife and directed them to live together as husband and wife. The High Court had passed this order without impleading the second wife as a party or hearing her, despite knowing she had married the husband after the divorce. The Supreme Court held that such an order was wholly without jurisdiction and legally unsustainable. The Court allowed the appeal, set aside the High Court's orders, and remanded the case for fresh hearing after impleading the second wife as a necessary party, while also encouraging the parties to settle amicably.

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Civil Procedure Matrimonial Law Family Law Jurisdiction Natural Justice

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