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.