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may 2008

Supreme Court of India · 2008-05-27

M.Saravana Porselvi vs A.R. Chandrashekar @ Parthiban & Ors

Citation / case number
AIR 2008 SUPREME COURT 2462
Court
Supreme Court of India
Petitioner
M.Saravana Porselvi
Respondent
A.R. Chandrashekar @ Parthiban & Ors
Author
S.B. Sinha
Bench
S.B. Sinha, Lokeshwar Singh Panta

Judgment text excerpt

The Supreme Court held that the High Court's quashing of the FIR under Section 498A IPC was justified as the appellant had entered into a registered divorce agreement in 1996 and received permanent alimony, indicating that the parties had been living separately for over ten years. The Court emphasized that the customary divorce, while potentially illegal, was acknowledged by the appellant, who, being an advocate, should have understood its legal implications. The Court concluded that the delay in filing the complaint and the existence of the divorce agreement rendered the allegations untenable, affirming the High Court's decision under Section 482 CrPC.

M.Saravana Porselvi vs A.R. Chandrashekar @ Parthiban & Ors · Niyam