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october 1996

Supreme Court of India · 1996-10-08

YALLAWWA vs SHANTAWWA

Citation / case number
SC 1996/76148
Court
Supreme Court of India
Petitioner
YALLAWWA
Respondent
SHANTAWWA
Author
S.B. Majmudar
Bench
S.B. MAJMUDAR N.P. SINGH

Judgment text excerpt

The Supreme Court upheld the High Court's decision to set aside an ex parte divorce decree under Section 13(1)(i-b) of the Hindu Marriage Act, 1955, on the grounds that the respondent, an illiterate woman, was not properly served with summons and was unaware of the proceedings. The Court emphasized the importance of ensuring that parties are adequately informed of legal actions affecting their rights, particularly in cases involving vulnerable individuals. The Court affirmed the High Court's order to restore the divorce petition for a fresh hearing.

YALLAWWA vs SHANTAWWA · Niyam