Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Hindu Marriage Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) Hindu Marriage Act, 1955 (25 of 1955) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Hindu Marriage Act, 1955 – ss.9, 13 – Respondent-husband filed petition being H.M.O.P No.13/2010 (old No.532/2007) seeking dissolution of marriage – Appellant-wife filed petition for restitution of conjugal rights – Petitions clubbed – Vide judgment dtd. 26.11.10, the petition filed by husband was dismissed while that of the wife’s was allowed – Husband’s appeal dismissed – High Court allowed the second appeal filed by husband and dissolved the marriage between the parties – Held: Husband filed petition at the first instance, seeking dissolution of marriage in H.M.O.P No.65/ 2007 (petition not pressed) alleging that the behaviour of wife was intemperate – Subsequent petition was filed on same set of allegations – It was alleged that she had also gone over to husband’s place of employment and demeaned him – Trial Court concluded that the evidence was insufficient to prove the allegations made – In a proceeding of the present nature where the Trial Court referred to the evidence and First Appellate Court being the last Court for reappreciation of evidence undertook the said exercise and arrived at concurrent decision on the matter, neither the High Court in the limited scope available to it in a second appeal u/s.100, CPC is entitled to reappreciate the evidence nor Supreme Court in the instant appeals is required to do so – Questions of law framed by High Court disclose that they do not qualify as substantial questions of law – Further,, though a criminal complaint was also lodged by the wife wherein husband was acquitted, the basis on which the husband approached the Trial Court is not of alleging mental cruelty in that regard but w.r.t her intemperate behaviour regarding which both the courts below concluded that the same was not proved – In that background, High Court was not justified in its conclusion – Impugned judgment set aside – Judgment dtd. 26.11.10 is restored – Code of Civil Procedure, 1908 – s.100. |
Judge | Hon'ble Mr. Justice Ajjikuttira Somaiah Bopanna |
Neutral Citation | 2020 INSC 259 |
Petitioner | Mangayarkarasi |
Respondent | M. Yuvaraj |
SCR | [2020] 2 S.C.R. 1036 |
Judgement Date | 2020-03-03 |
Case Number | 1912 |
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