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february 1997

Supreme Court of India · 1997-02-05

ADHYAATMAM-BHAAMINI vs JAGDISH AMBALAL SHAH

Citation / case number
SC 1995/17437
Court
Supreme Court of India
Petitioner
ADHYAATMAM-BHAAMINI
Respondent
JAGDISH AMBALAL SHAH
Author
G.B. PATTANAIK S.C. AGRAWAL
Bench
G.B. PATTANAIK S.C. AGRAWAL

Judgment text excerpt

The Supreme Court addressed an appeal concerning a divorce petition filed under Sections 13(1)(1a) and 13(1)(1b) of the Hindu Marriage Act, 1955, citing issues of cruelty and desertion. The Court emphasized the importance of fair representation and the right to be heard, noting that the Family Court's decision to close cross-examination due to the appellant's absence was improper. The Court ultimately held that the Family Court must ensure that both parties are adequately represented and given a fair opportunity to present their case, thereby allowing the appeal and remanding the matter for fresh consideration.

ADHYAATMAM-BHAAMINI vs JAGDISH AMBALAL SHAH · Niyam