Case Law Analysis
|Bombay High Court
Hindu Marriage Act Section 13 | Right to Cross-Examine Cannot Be Denied Due to Medical Incapacity: Bombay HC Orders Remand for Fair Hearing
The Bombay High Court has ruled that a divorce decree must be set aside when a spouse is medically incapacitated - such as by a paralytic stroke - and denied the opportunity to cross-examine the petitioner. This violates Article 21 and the foundational principle of natural justice, requiring remand to ensure a meaningful hearing. The ruling binds Family Courts to prioritize procedural fairness over procedural expediency in matrimonial disputes.