Supreme Court · 2010 INSC 92 · Decided 9 February 2010

Ravi Kumar v. Julmidevi

Court
Supreme Court of India
Citation
2010 INSC 92 · [2010] 2 S.C.R. 545
Case number
CIVIL APPEAL No. 1868/2007
Decided
9 February 2010
Bench
P. SATHASIVAM, A.K. GANGULY (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC; Hindu Marriage Act Section 28

Headnote

Hindu Marriage Act, 1955: A B s. 28 - Power of High Court - Scope of - Held: While c exercising power under s. 28, High Court as the first court of appeal is both a court of law and also of facts - In exercise of its power, first appellate court can come to a finding different ·from one Order 41 r. 33 - Power of appellate court. 0 s.13(1)(ia) and (ib) - Divorce petition filed by husband on the ground of cruelty and desertion - Decreed by trial court - Decree reversed by High Court - On appeal, held: No reason to interfere with the order of High Court - Evidence of daughter of

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