Supreme Court of India · 1997-11-18
BALWINDER KAUR vs HARDEEP SINGH
- Citation / case number
- SC 1997/519
- Court
- Supreme Court of India
- Petitioner
- BALWINDER KAUR
- Respondent
- HARDEEP SINGH
- Author
- D.P. Wadhwa
- Bench
- D.P. WADHWA SUJATA V. MANOHAR
Judgment text excerpt
The Supreme Court addressed an appeal under Section 28 of the Hindu Marriage Act, 1955, concerning a divorce petition filed by the appellant on grounds of cruelty and desertion. The Court held that the High Court's dismissal of the appeal for lack of merit and delay was justified, emphasizing that if fraud was alleged, the appropriate remedy lay in the Civil Court rather than in the appeal process. The Court affirmed the lower court's ex-parte decree of divorce, concluding that the appellant's claims did not warrant intervention.