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february 2009

Supreme Court of India · 2009-02-27

Vishnu Dutt Sharma vs Manju Sharma

Citation / case number
AIR 2009 SUPREME COURT 2254
Court
Supreme Court of India
Petitioner
Vishnu Dutt Sharma
Respondent
Manju Sharma
Bench
V.S.Sirpurkar, Markandey Katju

Judgment text excerpt

The Supreme Court upheld the High Court's dismissal of the husband's appeal for divorce, affirming that the husband had failed to prove cruelty as defined under Section 13 of the Hindu Marriage Act, 1955. The Court noted that the evidence presented demonstrated that it was the wife who suffered cruelty at the hands of the husband, thus rejecting the claim of irretrievable breakdown of marriage as a valid ground for divorce under the Act. The Court emphasized that the statutory grounds for divorce do not include irretrievable breakdown, thereby reinforcing the necessity of established grounds for dissolution.

Vishnu Dutt Sharma vs Manju Sharma · Niyam