Ravinder Kaur Versus Manjeet Singh (Dead) Through Lrs.
Supreme Court of India (Division Bench (DB)- Two Judge)
Appeal (Civil), 2021 of 2010, Judgment Date: Aug 21, 2019
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As already noticed, the High Court,while taking note of the nature of allegations made has proceeded on the basis that there is irretrievable breakdown of the marriage. Needless to mention that irretrievable breakdown of marriage by itself is not a ground provided under the statute for seeking dissolution of marriage.
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Hence, merely because certain issues have been raised with regard to the same, even if it be on a misunderstanding in the instant facts, it cannot be considered as inflicting mental cruelty in the nature it is required for considering the petition under Section 13 of the Hindu Marriage Act for dissolving the marriage.Though the learned counsel representing the respondents referred to the incidents by which the appellant had hurled false allegations against the respondent, presently when the respondent has died and in a circumstance where one of the legal representatives, namely Shri Iqbbal Singh was examined as RW6 in support of the case of the appellant herein and the legal representatives No.1 and 3, though were majors had not been examined in the proceedings, any contention raised on their behalf would not be of any assistance to take any other view.Therefore, if all these aspects are kept in perspective, we are of the view that the High Court was not justified in reversing the well considered judgment passed by the trial court.
Ravinder Kaur Versus Manjeet Singh (Dead) Through Lrs.