Supreme Court · 2010 INSC 82 · Decided 5 February 2010

Manish Goel v. Rohini Goel

Court
Supreme Court of India
Citation
2010 INSC 82 · [2010] 2 S.C.R. 414
Case number
SPECIAL LEAVE PETITION (CRIMINAL) No. 2954/2010
Decided
5 February 2010
Bench
AFTAB ALAM, B.S. CHAUHAN (2-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
Constitution; Hindu Marriage Act Section 12, 13

Headnote

Constitution of India, 1950: c Article 136 - Scope of - Application u/s 13-B(1) of Hindu Marriage Act for divorce by mutual consent pending before Family Court - Application to waive statutory period of six months rejected - Petition under Article 136 primarily on the ground that since relief there was no occasion for petitioner to approach High Court - HELD: The power under Article 136 cannot be used to short circuit the· legal procedure prescribed in overriding power- The Supreme Court generally does not permit a party to by-pass the normal procedure of appeal or reference

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