USHA UDAY KHIWANSARA vs UDAY KUMAR JETHMAL KHIWANSARA

The Supreme Court held that the High Court's decision to grant a divorce decree in favor of the husband without hearing the wife constituted a violation of her right to a fair hearing under Article 21 of the Constitution. The Court emphasized that the wife was denied the opportunity to present her case, leading to a prejudicial outcome. Consequently, the Court set aside the High Court's order and directed that the matter be reconsidered, while also noting the parties' willingness to part amicably after years of separation.