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 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Issue for consideration: Whether the trial Court and High Court were justified in adopting a hyper-technical and pedantic approach in declining the decree of divorce, when both the parties had made serious allegations against each other and were living separately for decade and half. Hindu Marriage Act, 1955 – The appellant-wife registered a complaint u/s. 498A of IPC and ss.3 and 4 of the Dowry Prohibition Act, 1961 – The respondent-Husband had questioned the character of the appellant-wife – Petition for divorce – Trial Court and the High Court declined decree of divorce – Propriety: Held: For a decade and half, the parties have been living separately – The marriage does not survive any longer, and the relationship was terminated otherwise except by a formal decree of divorce – The Trial Court and the High Court adopted a hyper-technical and pedantic approach in declining the decree of divorce – It is not as if the respondent-husband is willing to live with the appellant- wife – The allegations made by him against her are as serious as the allegations made by her against him – Both the parties have moved away and settled in their respective lives – There is no need to continue the agony of a mere status without them living together – The judgment of the Trial Court as confirmed by the High Court set aside. [Paras 17, 19, 20] Hindu Marriage Act, 1955 – s.13(1)(ia) – Cruelty: Held: The word ‘cruelty’ under Section 13(1)(ia) of the Act of 1955 has got no fixed meaning, and therefore, gives a very wide discretion to the Court to apply it liberally and contextually – What is cruelty in one case may not be the same for another – It has to be applied from person to person while taking note of the attending circumstances. [Para 5] Divorce – Bipin Chander Jaisinghbhai Shah v. Prabhawati – Clarification of decision: Held: The decision rendered in Bipin Chander Jaisinghbhai Shah v. Prabhawati, 1956 SCR 838 is clarified, it is not a proposition to hold that the proof required from a petitioner in a matrimonial case alleging cruelty is of beyond reasonable doubt, and not of preponderance of probability – The Court in Bipin Chander was dealing with a case of desertion, and therefore, more onus was fixed on the person who asserts it – The Court is not deciding and adjudicating an offence, when a petition for divorce is a civil remedy. [Para 12] Hindu Marriage Act, 1955 – s. 23 – Decree in proceedings – Discussed. [Paras 13, 14] Divorce – Socio-economic stigma and issues attached to woman – Discussed. [Para 8] |
Judge | Hon'ble Mr. Justice M.M. Sundresh |
Neutral Citation | 2023 INSC 814 |
Petitioner | Smt. Roopa Soni |
Respondent | Kamalnarayan Soni |
SCR | [2023] 14 S.C.R. 871 |
Judgement Date | 2023-09-06 |
Case Number | 5700 |
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