Supreme Court of India · 2010-08-25
Mahendra Nath Yadav vs Sheela Devi
- Citation / case number
- AIRONLINE 2010 SC 312
- Court
- Supreme Court of India
- Petitioner
- Mahendra Nath Yadav
- Respondent
- Sheela Devi
- Bench
- B.S. Chauhan, P. Sathasivam
Judgment text excerpt
The Supreme Court upheld the High Court's decision reversing the Family Court's decree of divorce, stating that a customary divorce through Panchayat does not constitute valid grounds for divorce under Section 13 of the Hindu Marriage Act, 1955. The Court emphasized that the appellant's filing of a petition under Section 13 indicates that both parties did not consider the marriage dissolved by the Panchayat. Consequently, the appeal was dismissed, affirming the High Court's ruling that the respondent's petition for restitution of conjugal rights under Section 9 of the Act should be allowed.