Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | hindu marriage |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Hindu Marriage Act, 1955 (25 of 1955) |
Case Type | Transfer Petition |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Hind'u Marriage Act, 1955 : Section 13-Divorce-Petition by husband at Bombay-Wife required to travel a long distance to defend proceedings-Transfer petition by wife-Supreme Court directing sufficient expenses for wife's stay and travel expenses-Grant of meagre amount of wife by Family Court-Consequent inability of wife to attend proceedings- Ex-parte divorce decree in favour of husband- Held grant of meagre amount to wife resulted in denial of justice-Ex-parte decree of divorce set aside. The respondent was married to appellant at Ghaziabad. He filed a Divorce Petition at Bombay and the appellant-wife filed applications for maintenance and expenses of the divorce proceedings. Subsequently she filed a Transfer Petition in this Court for transferring the case from Bombay to Ghaziabad which was disposed by this Court directing that (i) the respondent-husband would pay Rs.2500 for wife's next visit to Bombay; and (ii) the Family Court would insist on the husband depositing the to and fro fare for the wife and her companion and also an amount sufficient 4 for their stay in Bombay on each visit. The Family Court dismissed the wife's application for interim maintenance and expenses of proceedings on the ground that she was gainfully employed but awarded Rs. 700 as expenses and further directed that she will be paid an additional amount of Rs. 150 per day in case of her stay for more than one day at Bombay. Against this order the appellant filed a Special Leave Petition in this Court. Since she was held up for attending to her petition in this Court the Family Court granted an ex-parte decree of divorce to the husband. She filed a petition in this Court contending that she had been condemned unheard by the Family Court as she could not attend the Court on account of her inability to meet the expenses for travel and residence in Bombay. |
Judge | Honble Mr. Justice A.M. Ahmadi |
Neutral Citation | 1992 INSC 86 |
Petitioner | Anita Laxmi Narayan Singh |
Respondent | Laxmi Narain Singh |
SCR | [1992] 2 S.C.R. 316 |
Judgement Date | 1992-03-24 |
Case Number | 521 |
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