Supreme Court stays Delhi HC order for fresh trial in case where divorce was granted under ‘non-existent’ law

The Supreme Court on Monday stayed a fresh trial ordered by the Delhi High Court in a matrimonial dispute where a family court had granted divorce by invoking a non-existent statutory provision.

A Bench of Justices Vikram Nath and Sandeep Mehta issued notice in a plea filed against the High Court’s decision to set aside the divorce decree and remand the matter for a de novo trial.

The dispute traces back to a divorce decree passed by a family court, which was later challenged before the Delhi High Court.

While setting aside the decree, the High Court found that the family court judge had conflated provisions of different matrimonial laws and relied on a non-existent provision under the Special Marriage Act while dealing with a petition filed under the Hindu Marriage Act.

The High Court consequently remanded the matter to the family court for a fresh trial.

This was stayed by the top court today.

Notably, the family court judge who passed the original decree has separately approached the Supreme Court challenging the strictures passed against him by the Delhi High Court in relation to the same judgment.

In that earlier proceeding, the Supreme Court had on February 11 issued notice on the judge’s plea seeking removal of adverse remarks made against him. However, the Court had declined to stay the strictures passed by the High Court at that stage.