MUMBAI: Family Court could not have done "guess work" and could not have come to the conclusion that an estranged couple’s marriage was "dissolved in their mind and heart" while passing a divorce decree, said the Bombay high court setting aside a divorce granted by the Mumbai family court last year. The HC restored the divorce plea of 2017 to the Family Court at Bandra and directed that it be heard on merits expeditiously.
The HC also added the family court could not have invoked section 151 CPC which provides for inherent jurisdiction of the court, and divorce order showed "non application of mind…by doing guess work and without any evidence on record."
