Supreme Court · 2019 INSC 1128 · Decided 4 October 2019
R. Srinivas Kumar v. R. Shametha
- Court
- Supreme Court of India
- Citation
- 2019 INSC 1128 · [2019] 12 S.C.R. 873
- Case number
- CIVIL APPEAL No. 4696/2013
- Decided
- 4 October 2019
- Bench
- SANJAY KISHAN KAUL, M.R. SHAH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 142; Hindu Marriage Act Section 13(1)
Headnote
Hindu Marriage Act, 1955: s. 13(1) - Petition under - On the grounds mentioned in s. 13(1)(ia) and (ib) - Also sought divorce on the ground of irretrievable breakdown of marriage - Refused by courts below - In appeal to Supreme Court sought divorce on the ground of the Constitution - Held: Supreme Court in exercise of its inherent powers u/Art. 142 can dissolve the marriage on the ground of irretrievable breakdown of marriage, even if the facts of the case do not provide a ground in law on which divorce could be granted - In the facts of the
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