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rajnish tiwari (manager)     19 September 2015

Supreme court order does irreparable damage to hindu marriag

Supreme Court forces  husband to divorce  his cheating wife against his will

 Date 18 September 2015

 

Sec 13(1) of Hindu Marriage Act 1955 confers right  on an aggrieved spouse to seek divorce in case of infidelity by other spouse after marriage. However, Supreme Court of India has its own interpretation and believes this is an obligation of aggrieved spouse to accommodate his wandering spouse.In an apparent show of solidarity with wandering spouse, supreme court  has ratified Patna High court order which forced out a husband from his legal marriage in order to accommodate his cheating wife who had done second marriage illegally and had also begotten an illegitimate child from second marriage; all during the subsistence of first marriage.

By ordering dismissal of special leave petition filed by aggrieved husband, Supreme Court bench of  Justice M Y Eqbal and Justice C Nagappan has rendered both sec 23(1)(a) as well as Sec 13 (1) of Hindu Marriage Act 1955 completely redundant. Sec 23(1)(a) of Hindu Marriage Act  casts mandate on Court to ensure before granting relief of divorce to a Hindu spouse that he or she is not taking advantage of his or her own wrongs.

                                         In this case appellant husband has approached Patna High Court against decree of divorce granted by Family Court , Patna to petitioner wife who alleged cruelty and desertion by husband. Appellant husband has opposed this plea of divorce and contended that the truth is other way round .In reality he is the victim of cruelty and desertion at the hands of his wife . As per husband , it was wife who  had left the matrimonial home voluntarily in his absence with ulterior motives . Long  before filing the divorce petition on December 1, 2009, wife had already married her paramour in April 2008 and had also begotten an illegitimate daughter from said paramour on June 2, 2009 and had kept the court in dark.

Allegations of cruelty by wife was just a ploy to create ground for divorce and nothing else while this divorce petition is a disguise to seek backdoor legitimacy for her illegal marriage .

                                                           To substantiate his claim Appellant husband has produced copy of wife’s passport No. G 9351478 dated 07 July 2008 issued by Regional Passport Office Patna along with birth certificate No- 17723 dated 27 June 2009 issued by Patna Municipal Corporation to illegitimate daughter of the wife. Spouse name in wife’s passport and child’s father’s name in birth certificate was that of wife’s paramour and not of appellant husband  .

      However, Patna High Court bench of Justice V N Sinha and Justice Nilu Agrawal refused to term these acts of wife as cruelty  and upheld lower court’s decision on grant of divorce to wife.

                             This decision of High court was challenged before Supreme Court on the ground that High Court decision is in direct violation of Sec 23(1)(a) of Hindu Marriage Act, 1955, however Supreme Court has dismissed the Special Leave Petition without assigning any reason. Today’s order of supreme court has set a very bad precedent in law and is a big setback for stability of  a sacred institution called marriage and is in direct contravention of Hindu Marriage Act 1955. Coming out of a binding legal hindu marriage has become a cakewalk now by virtue of this order.



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 8 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     20 September 2015

UR attachment is missing

rajnish tiwari (manager)     21 September 2015

TEM NO.36               COURT NO.10               SECTION XVI
               S U P R E M E  C O U R T  O F  I N D I A
                       RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C)  No(s).  26249/2015
(Arising out of impugned final judgment and order dated 24/06/2015 
in MA No. 775/2014 passed by the High Court Of Patna)
SHAILESH KUMAR                                     Petitioner(s)
                                VERSUS
RENU KUMARI                                        Respondent(s)
(with appln. (s) for exemption from filing O.T. and interim relief)
Date : 18/09/2015 This petition was called on for hearing today.
CORAM : 
         HON'BLE MR. JUSTICE M.Y. EQBAL
         HON'BLE MR. JUSTICE C. NAGAPPAN
For Petitioner(s)
                     Mr. Shantanu Kumar,Adv.
                     
For Respondent(s)
                     
          UPON hearing the counsel the Court made the following
                             O R D E R
Exemption allowed.
The special leave petition is dismissed.
   [INDU POKHRIYAL]
[SUKHBIR PAUL KAUR]
     COURT MASTER
   A.R.-CUM-P.S.


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  • Born Fighter (xxx)     21 September 2015

    Born Fighter (xxx)     21 September 2015

    Leaving the SC order aside, i fail to understand why the husband wanted to take a cheating wife with illegitimate child back. The court certainly would have taken into account the wife's say in moving back with her first husband as she has already moved on (though illegally) and has a child from her 2nd husband.

    No body can force the other spouse to stay with them against their wish. Also the court could have sense revenge as reason for getting the wife back. (may be)

    We cant say much unless we get to know the details of the case. All said and done the court should have punished the wife for ruining the life of the husband as wife did this during the subsistence of first marriage, but in courts anything can happen nowadays...based on whims and fancies of the Lords !!

    498_final stage (Professional)     04 October 2015

    Dear Rajnish, I think the plea must have some obvious reasons. If you are going to SC and show them that u just want to delay the case then it might not help .

    However, if you want to go against divorce producing some grounds like lower court didnt hear your evidences/ exparty etc then I guess you can certainly move to the higher court.

    498_final stage (Professional)     04 October 2015

    Dear Rajnish, I think the plea must have some obvious reasons. If you are going to SC and show them that u just want to delay the case then it might not help .

    However, if you want to go against divorce producing some grounds like lower court didnt hear your evidences/ exparty etc then I guess you can certainly move to the higher court.


    (Guest)

    Can husband file bigamy and adultery cases against her and her paramour, and also file application for DNA test of illegitimate daughter, wife and paramour to prove his side?


    (Guest)
    Originally posted by : TGK REDDI
    In adultery, wife is not an offender either as Accused or as Abettor.      This's law which I consider to be barbaric.     The Accused's wife too can't have the adulterer up.     The adulterer's husband can have the paramour up though the adulterer loves the paramour.

    Case of bigamy against paramour?      How?     Only can husbands and wives commit bigamy.   A paramour can't.

    Husband can file adultry against paramour? and the illegitimate child is the proof. am I right?


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