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DORAISWAMY RAJU, N.S.HEGDE
Yamanaji H. Jadhav – Appellant
Versus
Nirmala – Respondent
JUDGMENT
Santosh Hegde, J.-The appellant in this appeal was the defendant in O.S. No. 156 of 1982 before the Principle Munsif Bijapur, which suit filed by the respondent plaintiff praying for a declaration that a divorce deed dated 26th of June, 1982 executed by her was obtained by coercion and threat and for cancellation of the same. The said suit came to be dismissed by the trial Court and an appeal against the said judgment being dismissed, the respondent plaintiff appealed to the High Court. The High Court in a second appeal has reversed the finding of the courts below and has decreed the suit with a further direction that the concerned District Judge should file a complaint against the plaintiff for an offence committed by him against his wife within three months from the date of the receipt of the said judgment. As noted above, the appellant plaintiff is before us in this appeal.
2. We will refer to the parties in their status in which they were arrayed in the trial court.
3. The case of the plaintiff in the trial court was that her marriage with the defendant was solemnized on 26th of May, 1978 and though they lived as husband and wife for some time, she was constantly ill-tre
Subramani VS M. Chandralekha - 2004 8 Supreme 318: Explicitly followed; states "We respectfully agree with and follow the view taken by this Court in Yamanaji H. Jadhav s case (supra)."
SASMITA NAYAK @ SASMITA DALAI @ DOLLY VS GAGAN BIHARI DALAI - 2010 0 Supreme(Ori) 930: Cited approvingly as authority; states "The apex Court in Yamanaji H. Jadhav v. ... held that."
P. Umalakshmi VS State Bank of India, rep. by its Chairman, New Administrative Building, Back Bay Reclamation, Mumbai - 2012 0 Supreme(Mad) 2949: Cited approvingly; describes the decision and facts as relevant precedent "(b) In the decision reported in (2002) 2 SCC 637 (Yamanaji ... Nirmala) the question arose..."
Shivanand Damodar Shanbhag VS Sujata Shivanand Shanbhag - 2013 0 Supreme(Bom) 578: Cited approvingly as authority; lists "(2002) 2 Supreme Court Cases 637 [ Yamanaji H. Jadhav Vs. Nirmala]."
Silaparasetti Ramu VS Lalam Ramanamma @ Rajani - 2013 0 Supreme(AP) 619: Cited approvingly; notes reliance on it as Supreme Court judgment "The learned counsel for the appellant has placed reliance upon the judgments of the Hon’ble Supreme Court in YamanajiH.Jadhav."
Kashibai Namdeo Jadhav VS Yamunabai - 2016 0 Supreme(Bom) 165: Cited approvingly and followed; references para 7 and notes similar view taken "Jadhav Vs. Nirmala, reported in (2002) 2 SCC 637 and in particular paragraph 7 thereof. ... has taken the similar."
Kashibai Namdeo Jadhav VS Yamunabai - 2016 0 Supreme(Bom) 286: Cited approvingly and followed; identical language to Kashibai Namdeo Jadhav VS Yamunabai - 2016 0 Supreme(Bom) 165 referencing para 7 and similar view.
Kashibai Namdeo Jadhav VS Yamunabai - Current Civil Cases (2016): Cited approvingly; references para 7 "Jadhav Vs. Nirmala, (2002) 2 SCC 637 and in particular paragraph 7 thereof."
Lekh Ram deceased, through his LRs. VS Vidya Sagar - 2016 0 Supreme(HP) 1702: Cited approvingly and quoted; "judgment of Hon’ble Supreme Court in Yamanaji H. Jadhav Vs. Nirmala (2002) 2 SCC 637, wherein it was held as under:- “7."
Bhagwati Sahu W/o Shiv Kumar Sahu VS Shiv Kumar Sahu S/o Late Anand Ram Sahu - 2018 0 Supreme(Chh) 160: Cited approvingly as precedent; "Nirmala (AIR 2002 SC 971) Hon'ble Supreme Court has laid down the following judicial precedent."
Saroj Bala VS Kasturi Lal - 2018 0 Supreme(P&H) 2987: Cited approvingly; relied upon as Supreme Court decision "H.Jadhav Versus Nirmala 2002 AIR (SC) 971. ... relied upon a decision of the Supreme Court rendered in the case of Yamanaji."
PRIYA VS HITESH - 2019 0 Supreme(Bom) 656: Cited approvingly as authority; "it could be found in the judgment of the Hon'ble Apex Court in the case of Yamanaji."
Sanmet Bai VS Mu Rasekeliya Bai Wd/o Late Aghansai - 2019 0 Supreme(Chh) 24: Cited approvingly; principle laid down "The principle of law laid down in Yamanaji H. ... Nirmala, (2002) 2 SCC 637 has held that."
State of M. P. VS Dungaji (D) by Lrs. - 2019 6 Supreme 621: Cited approvingly; lists as relevant to proving custom "Yamanaji J. Jadhav vs. Nirmala (2002) 2 SCC 637, if a customary divorce practice is claimed."
Baga Tirkey VS Pinki Linda - 2021 0 Supreme(Jhk) 125: Cited approvingly; "enunciates the course to be followed" and references para-7.
Satprakash Meena VS Alka Meena - 2021 0 Supreme(Del) 389: Cited approvingly; listed as relevant precedent "Yamanaji H. Jadhav v. Nirmala, AIR 2002 SC 971."
Bhartiben W/o Amitbhai Vitthalbhai And D/O Ravjibhai Kavani VS Amitbhai Vitthalbhai Sojitra - 2021 0 Supreme(Guj) 609: Cited approvingly and quoted; "has held in paragraph 7" and quotes text.
Goginapudi Varalaxmi VS Goginapudi Varajalamma - 2022 0 Supreme(AP) 792: Cited approvingly; listed as relevant "Yamanaji H. Jadhav Vs. Nirmala, 2002 (2) SCC 637."
Dilharan Markam S/o Late Shri Reva Ram Markam VS Gayavati Markam W/o Dilharan Markam - 2022 0 Supreme(Chh) 434: Cited approvingly and quoted; "observed as follows: “7...........As per the Hindu" and notes course for Family Court.
Chitrekha Kawar D/o Shri Itwar Singh Kawar VS Anand Rameshwar S/o Nohar Lal Kawar - 2022 0 Supreme(Chh) 607: Cited approvingly and quoted; identical to Dilharan Markam S/o Late Shri Reva Ram Markam VS Gayavati Markam W/o Dilharan Markam - 2022 0 Supreme(Chh) 434.
N. Surya, S/o Mallu VS N. Sushma, W/o Dr. N. Surya - 2024 0 Supreme(Telangana) 237: Cited approvingly; "the Apex Court enunciated a course to be followed by Family Courts."
Anarkali W/O Late Rampal VS Siyawati W/O Late Rampal - 2024 0 Supreme(All) 815: Cited approvingly; "has held that as per the Hindu Law administered by courts in India divorce was not."
UMANG BHUPENDRAKUMAR SHAH V/s PRIYANKA D/O. SURESHKUMAR POPATLAL KOTECHA W/O. UMANG BHUPENDRAKUMAR SHAH - 2025 Supreme(GUJ) 346: Cited approvingly; "Emphasized that customary divorce must be legally recognized" and counsel relied on it as Supreme Court case.
Kizhakkayi Dasan VS Kuniyil Cheerootty - Current Civil Cases (2025): Cited approvingly and followed; "the Apex Court reiterated this principle."
JAGDISH SINGH. VS DHANNA BAI - 2008 0 Supreme(All) 368: Cited approvingly; listed as Hon’ble Supreme Court authority on custom "(2002) 2 SCC 637, Yamanaji H."
Nizam Singh VS Beni Bai - 2014 0 Supreme(MP) 15: Cited approvingly and quoted; "it has been held: ... “7.................we find that the."
Vidhyadhari VS Sukhrana Bai - 2008 0 Supreme(MP) 102: Distinguished; notes factual difference ("In Yamanaji case (supra), there was a deed of divorce executed by the wife") while counsel "tried to urge" reliance to argue applicability here.
Vidhyadhari VS Sukhrana Bai - 2008 1 Supreme 460: Treatment unclear; snippet appears to argue for application ("that in this case the customary divorce should have been held to be proved") but lacks context on whether the court accepted or rejected the argument based on Yamanaji; no explicit treatment language.
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