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january 2015

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.

Sunil vs Sakshi @ Shweta & Anr · Niyam