15 SCCL.COM 14(Case No: Civil Appeal No. 415 of 2015 (arising out of SLP(C) No.21799 of 2014)) Sunil Appellant versus Sakshi @ Shweta & another Respondents Date of Decision(mm/dd/yy): 1/14/2015. Judge(s): Honble Mr. Justice Sudhansu Jyoti Mukhopadhaya and Honble Mr. Justice N.V. Ramana . Subject Index: Decree of divorce — passed by the Family Court Belgaum set aside by the Division Bench of the High Court of Karnataka, Dharwad Bench — appeal by the husband — it cannot be presumed that the Family Court in its order dated 17th September, 2012 wrongly noted the presence of the appellant-husband and the 1st respondent-wife. In fact, this part of the order sheet has not been referred by the High Court while coming to a conclusion that the appellant-husband has played fraud upon the Family Court as to get a decree of divorce in his favour. Merely, because of the fact that print out of the case papers of both the parties have been taken from one and the same computer software it cannot be presumed that blank Vakalatnama signed by the 1st respondent-wife was misused by the appellant-husband or he played fraud and used the same to engage some other senior counsel. Such finding of the High Court is not based on evidence but on mere presumption and conjecture — Supreme Court has no other option but to set aside the impugned judgment dated 9th July, 2014 passed by the Division Bench of the High Court of Karnataka, Dharwad Bench in M.F.A. No.22031/2013(FC). It is accordingly set aside. The appeal is allowed.
Posted on: Tue, 27 Jan 2015 01:32:15 +0000