VISHNU DUTT SHARMA versus MANJU SHARMA

VISHNU DUTT SHARMA versus MANJU SHARMA

Divorce cannot be granted on the ground of irretrievable breakdown as it is not provided under Section 13 of the Hindu Marriage Act; the findings of fact by lower courts that the husband treated the wife with cruelty are not interfered with.

Parties
Appellant: Vishnu Dutt Sharma; Respondent: Manju Sharma
Jurisdiction
India
Judgment Date
27 February 2009
Procedural Posture
Civil Appeal / Appeal From Delhi High Court Judgment Dated 07.05.2007 in FAO No. 302 of 1996
Outcome
Appeal dismissed
Legal Topics
Divorce, Cruelty Under Hindu Marriage Act
Family Law Divorce Cruelty Under Hindu Marriage Act

Case Brief

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Parties

Vishnu Dutt Sharma

Appellant

Manju Sharma

Respondent

Procedural Posture

Civil Appeal / Appeal From Delhi High Court Judgment Dated 07.05.2007 in FAO No. 302 of 1996

Legal Issues

  1. 1 Whether divorce can be granted on the ground of irretrievable breakdown of marriage under Hindu Marriage Act, 1955
  2. 2 Whether the appellant-husband proved cruelty by respondent-wife as a ground for divorce

Ratio Decidendi

Divorce cannot be granted on the ground of irretrievable breakdown as it is not provided under Section 13 of the Hindu Marriage Act; the findings of fact by lower courts that the husband treated the wife with cruelty are not interfered with.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs