Supreme Court of India
Dr. Nirmal Singh Panesar v. Mrs. Paramjit Kaur Panesar @ Ajinder Kaur Panesar
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What the Court ordered
In view of the aforesaid discussion, we decide this reference by answering the questions framed in the following manner: (i) The scope and ambit of power and jurisdiction of this Court under Article 142(1) of the Constitution of India.
Judgment, page 12
From the headnote
Issue for consideration: Should the irretrievable breakdown of marriage necessarily result in the dissolution of marriage in exercise of powers under Article 142 of the Constitution of India, when such is not a ground for divorce under the Hindu Marriage Act 1955. Hindu Marriage Act, 1955 – s.13(1)(ia) and s.13(1)(ib) – District Court granted the decree of divorce, as prayed for by the appellant- husband, however, the Single Bench of the High Court reversed the same and the Division Bench of the High Court confi rmed the judgment – Propriety: Held: Appellant-husband had failed to prove that…
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