S.SAGHIR AHMAD, S.C.AGRAWAL, M.SRINIVASAN
Rupa Ashok Hurra – Appellant
Versus
Ashok Hurra – Respondent
(1) IN this writ petition filed under Article 32 of the Constitution, the petitioner is seeking to challenge the validity of the judgment of this court dated 10/3/1997 in Civil No. 1843 of 1997 whereby the said appeal filed by the respondent was allowed and a decree of divorce for dissolution of marriage between the petitioner and the respondent was passed under Section 13-B of the Hindu Marriage Act, 1955 and it was declared that all a pending proceedings and more particularly those referred to in para 9 of the judgment including the proceedings under Section 494 Indian Penal Code read with Section 17 of the Hindu Marriage Act, 1955 between the parties shall stand terminated on payment or deposit of the amount ordered by the court in the said judgment.
(2) SHRI Shanti Bhushan, the learned Senior Counsel appearing for the petitioner submits that in the said judgment, this court has exceeded the jurisdiction vested in it under Article 142 of the Constitution and the said judgment being without jurisdiction is a nullity and the validity of the same can be assailed in a petition under Article 32 of the Constitution.
(3) SHRI K.K. Venugopal, the learned Senior Cou
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