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1983 DIGILAW 212 (SC)

Gail Demonte Nee Noronha v. Trever Demonte

1983-07-27

AMARENDRA NATH SEN, P.N.BHAGWATI, RANGANATH MISRA

body1983
ORDER : 1. We have gone through the record and are satisfied that the High Court was in error in taking the view that the proceedings before the Trial Court were vitiated by any irregularity. Since the respondent appeared through a lawyer at the first hearing of the petition for divorce before the Trial Court, there was no question thereafter of any fresh notice being served on the respondent when the case was adjourned. The High Court was, therefore, wrong in declining to confirm the decree for divorce and setting aside the judgment of the Trial Court and remanding the case to the Trial Court for fresh disposal in accordance with law. It may also be noted that at the hearing of the confirmation proceedings before the High Court, the respondent though served did not appear and even before us the respondent has not appeared even though notice has been served upon him in accordance with law. We therefore, allow the appeal, set aside the order of the High Court and confirm the decree for divorce passed against the respondent. The minor child of the petitioner and the respondent who, we are told, is aged about 7 years and who has been in the custody of the petitioner, will continue to remain in her custody.