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.