NDLI: Dr. Nirmal Singh Panesar Vs. Mrs. Paramjit Kaur Panesar @ Ajinder Kaur Panesar

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Hindu Marriage Act 1955
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Issue for consideration:Should the irretrievable breakdown of marriage necessarily resultin the dissolution of marriage in exercise of powers under Article142 of the Constitution of India, when such is not a ground fordivorce under the Hindu Marriage Act 1955.Hindu Marriage Act, 1955 – s.13(1)(ia) and s.13(1)(ib) – DistrictCourt granted the decree of divorce, as prayed for by theappellant-husband, however, the Single Bench of the HighCourt reversed the same and the Division Bench of the HighCourt confirmed the judgement.Held: Appellant-husband had failed to prove that the respondent-wife had treated the appellant with “Cruelty” or that the respondenthad “Deserted” the petitioner as contemplated in s.13(1)(ia) ands.13(1)(ib) respectively of the said Act – There is no dispute thatthe parties are staying separate since last many years and all theefforts to bring them together have failed – The Court can departfrom the procedure as well as the substantive laws, and exercise itsdiscretion u/Art. 142 for dissolving the marriage between the partiesby balancing out the equities between the conflicting claims of theparties, however, such discretion should be exercised with greatcare and caution – The institution of marriage occupies an importantplace and plays an important role in the society – Therefore, itwould not be desirable to accept the formula of “irretrievable breakdown of marriage” as a strait-jacket formula for the grant of relief ofdivorce u/Art. 142 of the Constitution of India – In the instant case,the appellant-husband is aged about 89 years and respondent-wifeis aged about 82 years – The respondent all throughout her lifehas maintained the sacred relationship since 1963 and has takencare of her three children all these years, despite the fact that theappellant-husband had exhibited total hostility towards them – Therespondent is still ready and willing to take care of her husbandand does not wish to leave him alone at this stage of life – Shehas also expressed her sentiments that she does not want to diewith the stigma of being a “divorcee” woman – The Court is of theopinion that exercising the discretion in favour of the appellant u/Art. 142 by dissolving the marriage between parties on the groundthat the marriage has irretrievably broken down, would not be doing“complete justice” to the parties, would rather be doing injusticeto the respondent – Submission of the appellant to dissolve themarriage on the ground of irretrievable break down of marriage,rejected. [Paras 14, 15, 17, 18, 19]Hindu Marriage Act, 1955 – Cruelty – Interpretation of:Held: The interpretation of the word “cruelty” is that it has to beconstrued and interpreted considering the type of life the partiesare accustomed to; or their economic and social conditions andtheir culture and human values to which they attach importance– Each case has to be decided on its own merits. [Para 10]
Judge	Hon'ble Ms. Justice Bela M. Trivedi
Neutral Citation	2023 INSC 896
Petitioner	Dr. Nirmal Singh Panesar
Respondent	Mrs. Paramjit Kaur Panesar @ Ajinder Kaur Panesar
SCR	[2023] 13 S.C.R. 832
Judgement Date	2023-10-10
Case Number	2045

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Dr. Nirmal Singh Panesar Vs. Mrs. Paramjit Kaur Panesar @ Ajinder Kaur Panesar

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