RAJ KUMAR RANA versus RITA RATHORE

RAJ KUMAR RANA versus RITA RATHORE

In exercise of powers under Article 142 and considering the strained relationship and consent of parties, marriage dissolved by mutual consent; permanent alimony and maintenance amount ordered to be invested for minor son’s welfare.

Parties
Appellant: Raj Kumar Rana; Respondent: Rita Rathore
Jurisdiction
India
Judgment Date
10 March 2015
Procedural Posture
Civil Appeal / Appeal Against Dismissal of Divorce Petition by High Court
Outcome
Appeal allowed. Judgments of courts below set aside. Marriage dissolved by mutual consent under Article 142.
Legal Topics
Divorce, Permanent Alimony, Maintenance, Mutual Consent Divorce, Article 142 Powers
Family Law Divorce Permanent Alimony Maintenance Mutual Consent Divorce Article 142 Powers

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Raj Kumar Rana

Appellant

Rita Rathore

Respondent

Procedural Posture

Civil Appeal / Appeal Against Dismissal of Divorce Petition by High Court

Legal Issues

  1. 1 Whether the appellant-husband is entitled to divorce under Section 13 of the Hindu Marriage Act, 1955
  2. 2 Appropriate disposition of permanent alimony and maintenance in cases of mutual consent divorce
  3. 3 Exercise of Supreme Court's power under Article 142

Ratio Decidendi

In exercise of powers under Article 142 and considering the strained relationship and consent of parties, marriage dissolved by mutual consent; permanent alimony and maintenance amount ordered to be invested for minor son’s welfare.

Court Disposition

Appeal allowed. Judgments of courts below set aside. Marriage dissolved by mutual consent under Article 142.

Orders

  • Marriage dissolved by mutual consent.
  • Amount of Rs. 10,00,000/- deposited to be invested in minor son's name in a nationalized bank as per respondent's choice till he attains majority.