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Law Querier (Service) 20 May 2013

Which judgement is more considerable

There is one Delhi High Court judgment of Vinay Jude Dias Vs. Ranajeet Kaur (2008)106 DRJ 183 where the divorce by mutual consent was proceeded by power of attorney of the NRI has been discussed.

There is this Supreme Court of India judgment in Smruti Pahariya vs Sanjay Pahariya on 11 May, 2009 where the Hon'ble Supreme Court has held the personal presence of both parties required for the purpose giving evidence to show to the satisfaction of the Family court that the consent for divorce exist till the end, there is no withdrawal of the consent by either of them & if any of them is absent there will be no presumption that consent given during the first motion for the divorce shall continue till the end hence both of them should be present at the time of second motion too for ascertaining their consent for divorce.

Que: Among the both judgement (Delhi High Court and Supreme Court of India) which judgement is more considerable by district court?

1 Replies

Shantanu Wavhal (Worker) 21 May 2013

hon. supreme court of india

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