Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | desertion divorce cruelty |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Hindu Marriage Act, 1955 (25 of 1955) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | HINDU MARRIAGE ACT, 1955: ss.13 and 23 - Petition for divorce by husband on the grounds of cruelty and desertion - Dismissed by courts below - Held: Both the courts below have noticed the relevant facts and have come to a definite conclusion that appellant has not only been cruel to respondent, but has also brought the situation to the point where respondent had no option but to leave the matrimonial home - In this situation, as appellant was trying to take advantage of his own wrong, courts below rightly disallowed the relief sought for - Order of High Court does not suffer from any infirmity, illegality or perversity- Non interference is called for.The appellant-husband filed a petition for dissolution of his marriage u/s 13 of the Hindu Marriage Act, 1955 on the ground of cruelty and desertion alleged to have been caused to him by the respondent-wife. The petition was dismissed. The High Court also dismissed husband's appeal. |
Judge | Hon'ble Mr. Justice S.J. Mukhopadhaya |
Neutral Citation | 2013 INSC 255 |
Petitioner | Ashok Kumar Jain |
Respondent | Sumati Jain |
SCR | [2013] 2 S.C.R. 841 |
Judgement Date | 2013-04-15 |
Case Number | 3861 |
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