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october 2004

Supreme Court of India · 2004-10-01

Shyam Sunder Kohli vs Sushma Kohli @ Satya Devi

Citation / case number
AIR 2004 SUPREME COURT 5111
Court
Supreme Court of India
Petitioner
Shyam Sunder Kohli
Respondent
Sushma Kohli @ Satya Devi
Author
S. N. Variava
Bench
S. N. Variava, H. K. Sema

Judgment text excerpt

The Supreme Court upheld the findings of the lower courts that the Appellant failed to prove cruelty or desertion under the Hindu Marriage Act, 1955. The Court agreed with the Trial Court's conclusion that the Respondent was forced to leave the matrimonial home, thus dismissing the Appellant's divorce petition. The Court also noted that the Appellant's claims regarding the Respondent's alleged conduct were unsubstantiated due to lack of evidence. The Court did not grant divorce on the basis of irretrievable breakdown of marriage, as it was not a recognized ground under the Act at that time.

Shyam Sunder Kohli vs Sushma Kohli @ Satya Devi · Niyam