Hindu Marriage Act, 1955 — Section 13(1)(ia) — Divorce Petition

July 30th, 2013

Hindu Marriage Act, 1955 — Section 13(1)(ia) — Divorce Petition — Finding of animus descerendi on the part of the wife without pleadings of desertion — Sustainability — Family Judge and High Court drew conclusion of animus descerendi on the part of the wife — In petition for divorce, no pleading with regard to desertion — Held, specific case for desertion has to be pleaded — In the absence of a prayer in that regard, conclusion arrived at as regards desertion by the Family Judge which has been concurred with by the High Court is absolutely erroneous and, accordingly, same is overturned — Constitution of India — Article 136 — Interference with findings of facts — Scope of.

State of U. P. v. Babul Nath, (1994)6 SCC 29, Bharat Coking Coal Ltd. v. Karam Chand Thapar & Bros. Pvt. Ltd., (2003)1 SCC 6, Ganga Kumar Srivastava v. State of Bihar, (2005)6 SCC 211 & Dubaria v. Har Prasad and Another, (2009)9 SCC 346, Referred.

(Para 29)

U. Sree v. U. Srinivas[Bench Strength 2], Civil Appeal Nos. 8927-8928/2012 (Arising out of S.L.P. (Civil) Nos. 37449-37450/2012 Arising out/C.C. Nos. 5877-5878/2012)(11/12/2012), 2013 AIR(SC) 415: 2012(12) JT 358: 2012(12) SCALE 98: 2012(9) SLT 434: 2013(2) SCC 114: 2013(2) SCV(Civil) 272 [K.S. Radhakrishnan, J.: Dipak Misra, J.]

Entry Filed under: Matrimonial Laws