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march 1989

Supreme Court of India · 1989-03-29

SMT. LATA KAMAT vs VILAS

Citation / case number
SC 1988/70701
Court
Supreme Court of India
Petitioner
SMT. LATA KAMAT
Respondent
VILAS
Author
G.L. OZA
Bench
G.L. OZA

Judgment text excerpt

The Supreme Court held that the provisions of Section 15 of the Hindu Marriage Act, 1956, apply to decrees of nullity under Section 12 as well as to decrees of divorce under Section 13. The Court clarified that the language of Section 28 allows for appeals against all decrees made under the Act, including those under Sections 11, 12, and 13. The Court allowed the appeal, ruling that the respondent's remarriage did not render the appeal infructuous, as the right to appeal must be preserved regardless of subsequent marital status changes.

SMT. LATA KAMAT vs VILAS · Niyam