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

2015 Supreme(P&H) 1813

M.JEYAPAUL, RAJ RAHUL GARG
Suman – Appellant
Versus
Karamjit – Respondent


Advocates:
For the Appellant:Mr. Mahavir Singh Sindhu, Advocate.
For the Respondent:Mr. V.D. Sharma, Advocate.

Judgement Key Points

Key Points: - (!) - (!) - (!) - (!) - (!) - (!)

What is the effect of ex-parte proceedings under the Hindu Marriage Act, 1955 on the grant of divorce without trial where grounds include cruelty and desertion?

What is the Court’s stance on whether divorce proceedings under the Hindu Marriage Act are trial proceedings requiring framed issues under CPC?

What grounds established by the evidence justify grant of divorce in an ex-parte proceeding (cruelty and desertion) and whether absence of the respondent to defend affects the outcome?


JUDGMENT

Mr. M. Jeyapaul, J.:- Appellant Suman who suffered an ex-parte decree for dissolution of marriage in the petition under Section 13 of the Hindu Marriage Act, 1955 filed by her husband Karamjit has preferred the present appeal.

2. The respondent herein filed a petition invoking the provisions under Section 13 of the Hindu Marriage Act praying for dissolution of marriage with the respondent on the grounds of cruelty as well as desertion. He has contended in the petition that the marriage of the respondent herein with the appellant was solemnized on 14.3.1992. After staying with the respondent for 5 days, the appellant started taunting the respondent. She also abused the respondent. The appellant was quarrelsome from the very beginning. She used to pick up quarrel on petty matters. She pressurized the respondent to organize a separate establishment. Her treatment culminated in mental and physical cruelty to the respondent. The appellant stayed with the respondent for just 5 days and thereafter she left for her parental house. She abused the respondent that he was not a suitable match for her. She was brought again to the matrimonial house as per Panchayat decision, but her beh













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