The Appellant herein is the second wife of Respondent No. 1 (husband). It is the case of the Appellant that after passing of the ex parte decree for dissolution of marriage of Respondent No. 1 with Respondent No. 2 and expiry of period of limitation for filing appeal, Respondent No. 1(husband) entered into matrimony with her (appellant). On the other hand, Respondent No. 2 (first wife of Respondent No. 1) filed the aforesaid appeal of which the Appellant had no knowledge, but the fact of Respondent No. 1 having married the Appellant was indeed stated before the High Court. However, when Respondent No. 1 stated that she was having no problem with the appellant, the High Court set aside the ex parte decree passed on 23.08.2003 in C.S. No. 09-A of 2002 and directed that, the parties shall live together as husband and wife. The Appellant herein (second wife of Respondent No. 1), on coming to know of the aforesaid order dated 09.08.2011 passed by the Single Judge of the High Court in M.A. No. 709/2005, filed review petition (R.P. No. 48 of 2014) before the High Court. The Division Bench of the High Court, by order dated 17.10.2014, dismissed the said review petition. Challenging both the orders, the Appellant has filed the present appeals by way of special leave in this Court.

 The Appellant herein is the second wife of Respondent No. 1 (husband). It is the case of the Appellant that after passing of the ex parte decree for dissolution of marriage of Respondent No. 1 with Respondent No. 2 and expiry of period of limitation for filing appeal, Respondent No. 1(husband) entered into matrimony with her (appellant). On the other hand, Respondent No. 2 (first wife of Respondent No. 1) filed the aforesaid appeal of which the Appellant had no knowledge, but the fact of Respondent No. 1 having married the Appellant was indeed stated before the High Court. However, when Respondent No. 1 stated that she was having no problem with the appellant, the High Court set aside the ex parte decree passed on 23.08.2003 in C.S. No. 09-A of 2002 and directed that, the parties shall live together as husband and wife. The Appellant herein (second wife of Respondent No. 1), on coming to know of the aforesaid order dated 09.08.2011 passed by the Single Judge of the High Court in M.A. No. 709/2005, filed review petition (R.P. No. 48 of 2014) before the High Court. The Division Bench of the High Court, by order dated 17.10.2014, dismissed the said review petition. Challenging both the orders, the Appellant has filed the present appeals by way of special leave in this Court.

10. The need to remand the case has occasioned because we find that the Appellant was not made a party to the appeal and nor she was heard by the High Court.

11. On perusal of the impugned order dated 09.08.2011, we find that the High Court, even after taking note of the factum of the marriage of the Appellant with Respondent No. 1, has not adverted to the consequences thereof and has given such directions, which may not be capable of due performance.

12. In such a situation, where the impugned order was passed without hearing the Appellant and not issuing any notice of the appeal to her and yet giving such directions, which may not be capable of being carried out, the impugned order, in our view, is wholly without jurisdiction and legally unsustainable and it has to be set aside on this short ground alone.

IN THE SUPREME COURT OF INDIA

Civil Appeal Nos. 4847-4848 of 2019 

Decided On: 09.05.2019

 Karuna Kansal Vs. Hemant Kansal and Ors.

Hon'ble Judges/Coram:

Abhay Manohar Sapre and Dinesh Maheshwari, JJ.

Citation: (2019) 6 SCC 581

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#secondmarriage