SAVITRI PANDEY versus PREM CHANDRA PANDEY

SAVITRI PANDEY versus PREM CHANDRA PANDEY

No decree of divorce can be granted for cruelty or desertion without pleading and proof. In absence of cohabitation and consummation, desertion does not arise. The appellant failed to prove allegations of cruelty and desertion and attempted to take advantage of her own wrong, disentitling her to relief under the Act.

Parties
Appellant: Savitri Pandey; Respondent: Prem Chandra Pandey
Jurisdiction
India
Judgment Date
08 January 2002
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Divorce, Cruelty, Desertion, Appeal Period
Family Law Divorce Cruelty Desertion Appeal Period

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 4 Authorities cited 14 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Savitri Pandey

Appellant

Prem Chandra Pandey

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether allegations of cruelty and desertion against the husband are proved and entitle the wife to a decree of divorce under the Hindu Marriage Act, 1955.
  2. 2 Whether the wife is taking advantage of her own wrong in seeking relief.
  3. 3 Adequacy of appeal period under Section 28(4) of the Hindu Marriage Act, 1955.

Ratio Decidendi

No decree of divorce can be granted for cruelty or desertion without pleading and proof. In absence of cohabitation and consummation, desertion does not arise. The appellant failed to prove allegations of cruelty and desertion and attempted to take advantage of her own wrong, disentitling her to relief under the Act.

Court Disposition

appeal dismissed

Orders

  • Appeals dismissed with costs throughout.
  • Registry directed to forward a copy of the judgment to the Ministry of Law & Justice for appropriate action regarding appeal period.