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.