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february 1988

Supreme Court of India · 1988-02-23

TEJINDER KAUR vs GURMIT SINGH

Citation / case number
SC 1986/69959
Court
Supreme Court of India
Petitioner
TEJINDER KAUR
Respondent
GURMIT SINGH
Author
A.P. SEN
Bench
A.P. SEN

Judgment text excerpt

The Supreme Court upheld the decree for dissolution of marriage under Section 13(i-a) of the Hindu Marriage Act, 1955, ruling that the deletion of the one-year waiting period by the Marriage Laws (Amendment) Act, 1976 does not allow a spouse to remarry immediately after the High Court's dismissal of an appeal. The Court clarified that a Special Leave Petition under Article 136 is maintainable even if the husband remarried shortly after the High Court's decision, as the right to appeal must be preserved. The Court overruled the preliminary objection that the petition had become infructuous due to the husband's subsequent marriage.

TEJINDER KAUR vs GURMIT SINGH · Niyam