SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2022 Supreme(Del) 225

VIPIN SANGHI, DINESH KUMAR SHARMA
Mitali Tyagi – Appellant
Versus
Tushar Tyagi – Respondent


ORDER

1. The present appeal has been preferred jointly by both wife and the husband, appellant no.1 and 2 respectively, to assail the order dated 27.01.2022.

2. By the impugned order, the learned Principal Judge, Family Court, North-East, Karkardooma Court had rejected the second motion petition moved by the parties jointly under Section 13B (2) on the ground that the statutory period of six months from the date when the first motion was moved, and period of 18 months from the date of separation, has not expired. The impugned order shows that the family court has not considered the provisions of Section 14 of the Hindu Marriage Act and has misunderstood the judgment of the Supreme Court in Amit Kumar vs Suman Beniwal, Civil Appeal 7650/2021 decided on 11.12.2021. In Amit Kumar (supra), the Supreme Court had duly considered Amardeep Singh vs Harveen Kaur 2017 (8) SCC 746. Reading of Amit Kumar (supra) shows that the Family Court has not correctly understood the decision in Amardeep Singh (supra).

3. In Amit Kumar (supra), the Supreme Court on identical facts, inter alia, has held as under:

    "20. In Amardeep Singh v. Harveen Kaur, relied upon by the Family Court and the High Court, this C

    Click Here to Read the rest of this document
    1
    2
    3
    4
    5
    6
    7
    8
    9
    10
    11
    SupremeToday Portrait Ad
    supreme today icon
    logo-black

    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

    Please visit our Training & Support
    Center or Contact Us for assistance

    qr

    Scan Me!

    India’s Legal research and Law Firm App, Download now!

    For Daily Legal Updates, Join us on :

    whatsapp-icon telegram-icon
    whatsapp-icon Back to top