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Supreme Court of India 2019-05-09 allowed

Karuna Kansal vs Hemant Kansal & Anr

Bench: 2 — 2

In Brief

Karuna Kansal, the second wife of the respondent, challenged the High Court's order to set aside the ex parte divorce decree and direct the parties to live together as husband and wife. The first wife had appealed against the divorce, but the second wife (the appellant) was neither made a party to the appeal nor afforded a hearing, despite her status as the respondent's new spouse. The Supreme Court held that persons whose interests are directly affected by an order must be properly made parties and heard. The order was set aside and the matter remanded to the High Court for proper consideration of all affected parties.

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Family Law Matrimonial Disputes Divorce Civil Procedure Principles of Natural Justice

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