Matrimonial Law
Mode of Citation- ILC-2016-SC-MAT-....
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Matrimonial Law
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Matrimonial Law
Mode of Citation- ILC-2016-SC-MAT-....
Judgement Subject Index/Important Decision/Topic

ILC-2003-SC-MAT-Apr-1

Perminder Charan Singh etc. Vs. Harjit Kaur

Head Note

The Hindu Marriage Act, 1955  - Section 12

Annulment of Marriage - Suppression of facts - In matrimonial advertisement status of respondent shown as 'legally divorced' - Letter written by mother of appellant mentioned that appellant 'also' legally divorced person indicates that he was aware of the fact that respondent was a divorcee - No satisfactory evidence that respondent and her parents made any suppression of facts or committed any fraud or misrepresentation in bringing about marriage between appellant and respondent - Plea of husband for annuallment of marriage rightly rejected by Courts below.

The Hindu Marriage Act, 1955  - Section 12

Divorce - Cruelty - No specific finding by learned trial court that there was cruelty on part of the wife - Many incidents alleged by husband happened abroad - No direct evidence that wife went to clinic of husband and shouted slogans against husband - Husband not entered into witness box - Only mother of husband who had no personal knowledge gave evidence - Refusal of wife not to sign document with regard to purchase of property by husband is not an act of cruelty - Various allegations made by husband in petition not satisfactorily proved - Evidence disclosed that wife had to go to orphanage along with her child indicates that wife was driven out of the house of husband - Petition filed by husband for divorce rightly rejected.

Topic(s)-Annulment of Marriage , Divorce - Cruelty

Important Decision(s)- Refusal of wife not to sign document with regard to purchase of property by husband is not an act of cruelty.







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