Supreme Court of India · 2011-08-23
INDERJIT SINGH GREWAL vs STATE OF PUNJAB
- Citation / case number
- SC 2010/28956
- Court
- Supreme Court of India
- Petitioner
- INDERJIT SINGH GREWAL
- Respondent
- STATE OF PUNJAB
- Author
- B.S. CHAUHAN
- Bench
- P. SATHASIVAM,B.S. CHAUHAN, , ,
Judgment text excerpt
The Supreme Court addressed the issue of whether a decree of divorce obtained under Section 13-B of the Hindu Marriage Act, 1955 can be challenged in criminal proceedings under the Protection of Women from Domestic Violence Act, 2005. The Court held that a party cannot seek to declare a civil court's decree null and void in a criminal context, emphasizing that the wife, having participated in the divorce proceedings, cannot later claim fraud. The appeal was dismissed, affirming the High Court's decision to not quash the complaint under Section 482 Cr.P.C.