Supreme Court · 2002 INSC 5 · Decided 8 January 2002
Savitri Pandey v. Prem Chandra Pandey
- Court
- Supreme Court of India
- Citation
- 2002 INSC 5 · [2002] 1 S.C.R. 50
- Case number
- CIVIL APPEAL No. 20/1999
- Decided
- 8 January 2002
- Bench
- R.P. SETHI, Y.K. SABHARWAL (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Hindu Marriage Act Section 13
Headnote
Hindu Marriage Act, 1955: C S 13-Divorce on the ground of cruelty and desertion-Desertion means withdrawing from the matrimonial obligations-Not permitting/facilitating the cohabitation between-Continuous .course of conduct to be determined, under the facts and circumstances of each case-One matrimonial obligation-There can be no desertion without previous D co-habitation by the parties except on the ground of mental or physical incapacity or other peculiar circumstances of the case-Party seeking divorce has to prove that he/she is not taking advantage of his/her own wrong or
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