DR. NIRMAL SINGH PANESAR versus MRS. PARAMJIT KAUR PANESAR @ AJINDER KAUR PANESAR

DR. NIRMAL SINGH PANESAR versus MRS. PARAMJIT KAUR PANESAR @ AJINDER KAUR PANESAR

Appellant failed to prove cruelty or desertion under Section 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act; although the Supreme Court may, under Article 142, dissolve a marriage on the ground of irretrievable breakdown in appropriate cases, that discretion must be exercised cautiously and, on the facts (wife's lifelong maintenance of the marriage, care of children, willingness to care for husband and her sentiment against being a divorcee), dissolution would not do complete justice; appeal dismissed.

Parties
Appellant: DR. NIRMAL SINGH PANESAR; Respondent: MRS. PARAMJIT KAUR PANESAR @ AJINDER KAUR PANESAR
Jurisdiction
India
Judgment Date
10 October 2023
Procedural Posture
Civil Appeal / Appeal to the Supreme Court (final Judgment)
Outcome
Appeal dismissed.
Legal Topics
Divorce, Cruelty, Desertion, Irretrievable Breakdown of Marriage, Article 142
Family Law Constitutional Law Divorce Cruelty Desertion Irretrievable Breakdown of Marriage Article 142

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Parties

DR. NIRMAL SINGH PANESAR

Appellant

MRS. PARAMJIT KAUR PANESAR @ AJINDER KAUR PANESAR

Respondent

Procedural Posture

Civil Appeal / Appeal to the Supreme Court (final Judgment)

Legal Issues

  1. 1 Whether irretrievable breakdown of marriage should result in dissolution under Article 142 when not a ground under the Hindu Marriage Act
  2. 2 Whether the appellant proved cruelty or desertion under Section 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955

Ratio Decidendi

Appellant failed to prove cruelty or desertion under Section 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act; although the Supreme Court may, under Article 142, dissolve a marriage on the ground of irretrievable breakdown in appropriate cases, that discretion must be exercised cautiously and, on the facts (wife's lifelong maintenance of the marriage, care of children, willingness to care for husband and her sentiment against being a divorcee), dissolution would not do complete justice; appeal dismissed.

Court Disposition

Appeal dismissed.

Orders

  • Appeal dismissed.
  • Judgment and order dated 18.02.2009 of the High Court of Punjab & Haryana at Chandigarh in LPA No.195 of 2001 in FAO No.44 of 2000 affirmed.