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november 2001

Supreme Court of India · 2001-11-06

ADHYATMA BHATTAR ALWAR vs ADHYATMA BHATTAR SRI DEVI

Citation / case number
SC 1994/18927
Court
Supreme Court of India
Petitioner
ADHYATMA BHATTAR ALWAR
Respondent
ADHYATMA BHATTAR SRI DEVI
Author
DORAISWAMY RAJU D.P. MOHAPATRA
Bench
DORAISWAMY RAJU D.P. MOHAPATRA

Judgment text excerpt

The Supreme Court examined the appeal regarding a divorce petition filed under Section 13 of the Hindu Marriage Act, 1955, where the husband alleged desertion by the wife. The Court held that the wife's insistence on separate residence due to her husband's father's indecent behavior constituted sufficient grounds for her actions, thus ruling that the husband had not established desertion. The Court upheld the High Court's decision to dismiss the husband's appeal, affirming the wife's right to seek a separate residence under the circumstances.

ADHYATMA BHATTAR ALWAR vs ADHYATMA BHATTAR SRI DEVI · Niyam