Supreme Court of India · 2015-01-14
Sunil vs Sakshi @ Shweta & Anr
- Citation / case number
- AIRONLINE 2015 SC 94
- Court
- Supreme Court of India
- Petitioner
- Sunil
- Respondent
- Sakshi @ Shweta & Anr
- Bench
- N.V. Ramana, Sudhansu Jyoti Mukhopadhaya
Judgment text excerpt
The Supreme Court held that the High Court's decision to set aside the Family Court's decree of divorce was justified as the 1st respondent-wife was not properly served with notice, violating principles of natural justice. The Court emphasized that under Section 13(1)(i-a) and (i-b) of the Hindu Marriage Act, 1955, due process must be followed in divorce proceedings. The Court upheld the High Court's direction for the Family Court to lodge a complaint against the appellant-husband for various IPC offences, including Sections 193 and 465, due to misuse of legal documents.