Supreme Court of India · 2023-10-10
Dr. Nirmal Singh Panesar vs Paramjit Kaur Panesar @ Ajinder Kaur ...
- Court
- Supreme Court of India
- Petitioner
- Dr. Nirmal Singh Panesar
- Respondent
- Paramjit Kaur Panesar @ Ajinder Kaur ...
- Author
- Bela M. Trivedi
- Bench
- Bela M. Trivedi, Aniruddha Bose
Judgment text excerpt
The Supreme Court examined whether the irretrievable breakdown of marriage should automatically lead to its dissolution under Article 142 of the Constitution, despite not being a specific ground under the Hindu Marriage Act, 1955. The case involved a dispute over grounds for divorce based on cruelty and desertion, with the appellant seeking dissolution. The court emphasized that Article 142 grants extraordinary powers to do complete justice, but such powers should be exercised cautiously and within legal bounds. Ultimately, the court clarified that irretrievable breakdown alone does not justify dissolution unless supported by statutory grounds, reaffirming the importance of statutory provisions in divorce cases.