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november 1997

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.

BALWINDER KAUR vs HARDEEP SINGH · Niyam