Law: Family Courts Act, 1964

Section: 5,14

Law: Dissolution of Muslim Marriages Act, 1939

Section: 2

(a) Family Courts Act (XXXV of 1964)--- ----Ss.5, Sched., 14---Dissolution of Muslim Marriages Act (VIII of 1939), S. 2---Suit for dissolution of marriage---Grounds for decree for dissolution of marriage---Appeal---Scope---Petitioner impugned order passed by Family Court whereby the suit filed by respondent for dissolution of marriage by way of khula was decreed---Contention of petitioner was that the Family Court had dissolved his marriage without providing him an opportunity of hearing as on the very date of pre-trial stage/hearing, he could not put his appearance before the Court due to pandemic situation and lockdown restrictions---Validity---Petitioner had deliberately and intentionally failed to appear and defend his case before the Family Court just to prolong the proceedings, however, the case was adjourned at his request and on the very date again he had failed to put his appearance, compelling the Family Court to pass the impugned order---Submissions of petitioner could not be considered on the ground that the matter of dissolution of marriage between the spouses had attained finality and the same could not be reopened under S. 14(2) of the Family Courts Act,…

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