Kalonzo hails High Court ruling nullifying Sh244.5bn Safaricom-Vodacom deal

The Chhattisgarh High Court has overturned a recent decision that would have stripped a woman of her right to contest an ex parte divorce decree. The ruling found that the family court had not properly served the woman with notice before dissolving the marriage in her absence. The case stemmed from a marriage held on July 2, 2021, in Aurangabad, Bihar.

The husband initiated divorce proceedings on January 9, 2024, and the family court issued notice to the woman via ordinary and registered post. However, the notice was returned unserved, with the court recording that she could not be found after inquiry. The husband then sought newspaper publication, which the family court granted, setting an appearance date of April 2, 2024.

The woman was not present, and the court proceeded ex parte, passing the divorce decree on April 25, 2024. The woman only became aware of the decree on November 18, 2024, when her husband presented it during maintenance case counseling, though she obtained certified copies and filed her application to set aside the ex parte decree on December 2, attempting to condone the delay beyond the 30-day limit.

The family court denied her plea to condone the delay, citing inconsistencies in her account and lack of sufficient cause. The high court reversed this decision, emphasizing that no party should be subject to an order without an opportunity to be heard. The court also questioned the family court's presumption that the woman was deliberately avoiding service and noted that the husband, as her spouse, could have facilitated service. The high court directed both parties to appear before the family court on October 12, 2026.