Supreme Court of India · 1992-05-06
MRS. PAYAL ASHOK KUMAR JINDAL vs CAPT. ASHOK KUMAR JINDAL
- Citation / case number
- SC 1991/76006
- Court
- Supreme Court of India
- Petitioner
- MRS. PAYAL ASHOK KUMAR JINDAL
- Respondent
- CAPT. ASHOK KUMAR JINDAL
- Author
- KULDIP SINGH
- Bench
- KULDIP SINGH
Judgment text excerpt
The Supreme Court held that under Section 13 of the Hindu Marriage Act, 1956, a spouse must be given a fair opportunity to appear in divorce proceedings. The Court found sufficient cause for the wife's non-appearance due to her residing away from Pune and not receiving proper notice, thus setting aside the ex-parte divorce decree granted by the Family Court. The case was transferred to the Family Court in Bombay for further proceedings, emphasizing the importance of due process in family law matters.