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november 2006

Supreme Court of India · 2006-11-21

RISHIKESH SHARMA vs SAROJ SHARMA

Citation / case number
SC 2005/14997
Court
Supreme Court of India
Petitioner
RISHIKESH SHARMA
Respondent
SAROJ SHARMA
Author
AR. Lakshmanan
Bench
AR. LAKSHMANAN & TARUN CHATTERJEE JJ

Judgment text excerpt

The Supreme Court held that under Section 13(1)(ia) of the Hindu Marriage Act, the marriage between the appellant and respondent is irretrievably broken down, justifying the dissolution of marriage. The Court found that the parties had been living separately since 1981, and the High Court's refusal to grant a divorce was not justified given the history of litigation and the absence of any possibility for reconciliation. The appeal was allowed, and a decree of divorce was granted in favor of the husband.

RISHIKESH SHARMA vs SAROJ SHARMA · Niyam