The Rajasthan High court Court has recently in the case of [Sudhir Sharma v. Chief Secretary, the State Government of Rajasthan and ors] has observed that a mere filing of an appeal are ineffective over decree of divorce.
“It goes without saying that mere filing of an appeal does not wipe of the effect of decree of divorce or make the said decree redundant,” the Court said.
Divorce decree means the court issues a divorce decree in the final stage of your divorce enforcement journey. This document summarises vital pieces of information related to the court’s verdict. It is dissimilar to a divorce certificate. The concerned state is tasked with issuing a divorce certificate to keep a permanent record of the event. Unlike the decree, the certificate does not include orders that spouses must follow after marriage.
Divorce quota means the department of personnel has said out of the 30 per cent reservation for women in government jobs, one-third will be for widows and divorcees in the ratio of 80:20.
According to Rajasthan Various Service Rules (Amendment) Rules, 2019, in the event of non-availability of eligible and suitable candidates (widows and divorcees), the vacancies should be first be filled by interchange, i.e. vacancies reserved for widows to divorcees or vice-versa.
In the case that has stated above, the estranged husband filed a writ petition against ex-wife, put allegations against her that she was not eligible for appointment as a Commercial Assistant Grade-II in the divorcee quota. Learned counsel for the petitioner submits that a divorce decree had been granted by the Civil Court dated 23.01.2020 and an appeal, preferred by his ex-wife before this Court which is pending. Thus, the plaintiff said that as an appeal was pending, she cannot be treated to be a divorcee and therefore, her appointment done through illegal means.
The court decided his favor in the support of the plaintiff’s ex-wife and said that as they are no longer bound by the marriage, she can apply under divorcee quota, even though an appeal may have been pending before the High Court
While it is true that under Section 15 of the Hindu Marriage Act, 1955, a person may not be allowed to re-marry during pendency of the appeal, however the same would not be an essential requirement for applying under the divorced quota.
Therefore, the court dismissed the court and petitioner ‘s claims stands rejected.
A bench of Chief Justice Pankaj Mittal and Justice Shubha Mehta made the observation while dismissing a petition filed by a man against her ex-wife.
The court further prompt the said case to the division bench.
The division bench, In turn, also dismissed the case, while observing that,
“It goes without saying that mere filing of an appeal does not wipe of the effect of decree of divorce or make the said decree redundant. The divorce decree, as produced by the respondent No.4, existed on the relevant date. Therefore, she was rightly permitted joining on its basis.”
The Court also noted that the rules governing the job appointment did not provide for any divorcee quota and that the terms and conditions only required candidates to produce divorce decrees if the candidate was a divorcee. Accordingly, the petitioner’s ex-wife had produced a divorce decree obtained in 2020 at the time of her appointment and joining, the Court noted.
The Court proceeded to dismiss the appeal as devoid of merit.
The court further observed that the husband just wanted to harass his wife for her appointment as “he had not approached the Court with clean intentions but to harass his wife with whom his relations were not cordial.”
CASE: Sudhir Sharma v. Chief Secretary, the State Government of Rajasthan and ors]
BY: AYUSHI BHUSHAN, 1st YEAR, BA.LLB(INTEGRATED), BANASTHALI UNIVERSITY, RAJASTHAN
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