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july 2008

Supreme Court of India · 2008-07-10

Satish Sitole vs Ganga

Citation / case number
AIR 2008 SUPREME COURT 3093
Court
Supreme Court of India
Petitioner
Satish Sitole
Respondent
Ganga
Author
Altamas Kabir
Bench
Aftab Alam, Altamas Kabir

Judgment text excerpt

The Supreme Court addressed the issue of irretrievable breakdown of marriage under Article 142 of the Constitution, emphasizing that technicalities should not impede justice. The Court noted that the appellant had failed to prove cruelty and desertion under Section 13(1)(1a)(1b) of the Hindu Marriage Act, yet acknowledged the prolonged separation of 14 years and the emotional deadlock of the marriage. Ultimately, the Court held that the marriage should be dissolved to alleviate the ongoing distress of both parties, thereby granting relief despite the lack of traditional grounds for divorce.

Satish Sitole vs Ganga · Niyam