Supreme Court · 2008 INSC 536 · Decided 28 April 2008
Jagdish Singh v. Madhuri Devi
- Court
- Supreme Court of India
- Citation
- 2008 INSC 536 · [2008] 6 S.C.R. 1176
- Case number
- CIVIL APPEAL No. 2997/2008
- Decided
- 28 April 2008
- Bench
- C.K. THAKKER, D.K. JAIN (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 136; Hindu Marriage Act Section 13
Headnote
Hindu Marriage Act, 1955 - s.13 - Divorce - Husband filed divorce petition on grounds of desertion and cruelty - c Family Court decided both issues in favour of husband and passed decree of divorce - High Court reversed the decree - Challenge to - Held: High Court not right in setting aside reasons for such reversal - It did not keep in view the scope of D powers of first appellate Court - Order passed by High Court 'cryptic' in nature and falling short of the grounds which would allow the first appellate court to reverse a finding of fact recorded by trial court - Hence, deserves
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