ASHOK KUMAR JAIN versus SUMATI JAIN

ASHOK KUMAR JAIN versus SUMATI JAIN

Both the courts correctly found that the appellant had been cruel to the respondent and brought the situation to a point where the respondent had no option but to leave the matrimonial home. Since the appellant was attempting to take advantage of his own wrongs, relief of divorce was rightly refused under Section 23(1)(a) of the Hindu Marriage Act, 1955.

Parties
Appellant: Ashok Kumar Jain; Respondent: Sumati Jain
Jurisdiction
India
Judgment Date
15 April 2013
Procedural Posture
Civil Appeal / Appeal Against High Court Judgment Affirming Family Court's Dismissal of Divorce Petition
Outcome
Appeal dismissed
Legal Topics
Divorce, Cruelty, Desertion, Hindu Marriage Act
Family Law Divorce Cruelty Desertion Hindu Marriage Act

Case Brief

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Parties

Ashok Kumar Jain

Appellant

Sumati Jain

Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court Judgment Affirming Family Court's Dismissal of Divorce Petition

Legal Issues

  1. 1 Whether the appellant-husband was entitled to a decree of divorce on grounds of cruelty and desertion under the Hindu Marriage Act, 1955
  2. 2 Whether the appellant was taking advantage of his own wrong under Section 23(1)(a) of the Act

Ratio Decidendi

Both the courts correctly found that the appellant had been cruel to the respondent and brought the situation to a point where the respondent had no option but to leave the matrimonial home. Since the appellant was attempting to take advantage of his own wrongs, relief of divorce was rightly refused under Section 23(1)(a) of the Hindu Marriage Act, 1955.

Court Disposition

Appeal dismissed

Orders

  • Appeal is dismissed. No separate orders as to costs.