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Raj Kumar Makkad (Adv P & H High Court Chandigarh)     19 February 2010

Supreme Court of India on Divorce on 10.02.2010

2010 SCCL.COM 88(Case No: Civil Appeal No. 5387 of 2007)
Manisha Tyagi Appellant versus Deepak Kumar Respondent
Date of Decision(mm/dd/yy): 2/10/2010.
Judge(s): Hon'ble Mr. Justice V.S. Sirpurkar and Hon'ble Mr. Justice Surinder Singh Nijjar.
Subject Index: Hindu Marriage Act, 1955 — Section 13 — divorce petition — filed by the husband/respondent for dissolution of the marriage on the ground of cruelty — trial Court held that the husband remained unsuccessful in proving the wife to have treated him with cruelty of the nature as to entitle him to a decree of divorce — learned Single Judge affirmed the observations of the trial Court and concluded that both the parties were at fault, thus, granted the alternative relief to the husband by passing a decree for judicial separation under Section 10 of the Hindu Marriage Act — on re-evaluating the evidences, the Division Bench set aside the judgement of the trial Court and of the Ld. Single Judge and granted a decree of divorce to the husband — appeal — held that the Trial Court as well as the Appellate Court concluded that the behaviour of the husband as well as the wife falls short of the standard required to establish mental cruelty in terms of Section 13(1) (i-a), therefore, no compelling necessity, independently placed before the Division Bench to justify reversal, of the decree of judicial separation — impugned order of the Division Bench set aside while restored the order passed by the learned Single Judge — appeal allowed — no costs.

 5 Replies

rajesh saharan (ADVOCATE)     19 February 2010


MANISHA TYAGI v. DEEPAK KUMAR [2010] INSC 99 (10 February 2010)

Attached File : 56 56 manisha tyagi v deepak kumar 2010 insc 99 10 february 2010 .doc downloaded: 481 times


Thanx for a valuable judgement.

Adinath@Avinash Patil (advocate)     22 February 2010


Adv. karinamishra (-)     08 March 2010

thanks for the recent judgment.

BJM_BJM_BJM (Service )     08 March 2010

Learned Sirs ,

My petion for restroration of marrige  is pending at Vishakapatnam and is dated for 25th march 2010. Hon'ble supreme court has directed for restoration of marriage first at vishakapatnam and then for transfer at dehradun.

Meanwhile my Injunction petion restraining my husband  from marriage at dehradun will be dismissed likely as the question of jurisdiction has been raised .Court believe that it must be vishakapatnam where such injunction should be raised.

Vishakapatnam case is very slow in this aspect .

My fear is that if the injunction is removed on 9th of march he may marry the very next day .

My question is when order 9 rule 13 is pending can he re-marry ?Can I stop this marriage by any means.Army will not help me that I have seen but is there any other alternative to stop maraige .

My name has been removed from army records and inspite of me writing again and again to army authorities no action has been taken by army authorities till yet . What should I do know .

Shall I file writ petion at high court to reinstate me as wife in army .

Thanking you in anticipation ,

dr. bharti jaiswal

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