Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Matrimonial dispute Family Law |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Family Law - Matrimonial dispute - Two suits by wife,one for restraining the husband from marrying during herlifetime and another for perpetual injunction restraining thehusband and his father from alienating suit property as sheherself and her daughter (born out of the marriage) wereentitled to 1!3rd share - She also filed petition uls. 9 of HinduMarriage Act - Trial court decided the suit on merits - Orderaffirmed by first appellate court - Petition u/s. 9 dismissed bytrial court - High Court held that suits were not maint.ainab/ebecause the plaintiff was a minor at the time of filing the suits- As regards the petition u/s. 9, High Court held that, in viewof the fact that both the parties were minor at the time ofmarriage, the marriage would be void - However, the courtgave liberty to the wife to initiate criminal proceedings u/s.376 /PC against the husband - On appeal, held: The reliefsought by the wife, in effect, was for restitution of conjugalrights and maintenance for her child - The dispute wasessentially a matrimonial dispute - Therefore, the court erredin making the observation giving her liberty to initiate criminalproceedings, rather than encouraging and persuading theparties to reconcile - In matrimonial matters it is paramountduty of the Court to restore peace in family - Only as a lastresort, the case should be decided on merits - Theappropriate course, in the instant case, would have been thatthe case was referred for conciliation/mediation. |
Judge | N/A |
Neutral Citation | 2013 INSC 645 |
Petitioner | Bheemraya |
Respondent | Suneetha |
SCR | [2013] 10 S.C.R. 218 |
Judgement Date | 2013-09-23 |
Case Number | 8572 |
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