D.K.JAIN, H.L.DATTU
Hitesh Bhatnagar – Appellant
Versus
Deepa Bhatnagar – Respondent
Hon'ble DATTU, J.— Marriages are made in heaven, or so it is said. But we are more often than not made to wonder what happens to them by the time they descend down to earth. Though there is legal machinery in place to deal with such cases, these are perhaps the toughest for the courts to deal with. Such is the case presently before us.
2. The appellant-husband and the respondent-wife got married according to the Hindu Marriage Act, 1955 (hereinafter referred to as ‘the Act’) in 1994, and are blessed with a daughter a year thereafter. Some time in the year 2000, due to differences in their temperaments, they began to live separately from each other and have been living thus ever since. Subsequently, in 2001, the parties filed a petition under Section 13B of the Act before the District Court, Gurgaon, for dissolution of the marriage by grant of a decree of divorce by mutual consent. However, before the stage of second motion and passing of the decree of divorce, the respondent withdrew her consent, and in view of this, the petition came to be dismissed by the Ld. Addl. District Judge, Gurgaon, though the appellant insisted for passing of the decree. The appellant, being aggrie
Smt. Sureshta Devi vs. Om Prakash ((1991) 2 SCC 25) 8
Ashok Hurra vs. Rupa Bipin Zaveri ((1997) 4 SCC 226) 10
Smruti Pahariya vs. Sanjay Pahariya ((2009) 13 SCC 338 = 2009(4) RLW 3070 (SC)) 12
Anil Kumar Jain vs. Maya Jain ((2009) 10 SCC 415 = 2010(1) RLW 965 (SC)) 18
Laxmidas Morarji vs. Behrose Darab Madan ((2009) 10 SCC 425) 19
Manish Goel vs. Rohini Goel ((2010) 4 SCC 393 = 2010(3) RLW 2811 (SC)) 20
V. Bhagat vs. Mrs. D. Bhagat ((1994) 1 SCC 337) 22
Savitri Pandey vs. Prem Chandra Pandey ((2002) 2 SCC 73 = RLW 2002(1) SC 183) 23
Samar Ghosh vs. Jaya Ghosh ((2007) 4 SCC 511 = RLW 2007(2) SC 1357) 24
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.