Supreme Court · 2009 INSC 783 · Decided 11 May 2009
Smruti Pahariya v. Sanjay Pahariya
- Court
- Supreme Court of India
- Citation
- 2009 INSC 783 · [2009] 8 S.C.R. 631
- Case number
- CIVIL APPEAL No. 3465/2009
- Decided
- 11 May 2009
- Bench
- K.G. BALAKRISHNAN, P. SATHASIVAM, A.K. GANGULY (3-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- CPC; Hindu Marriage Act Section 138(2); Family Courts Act
Headnote
Hindu Marriage Act, 1955: c s. 138 (2) - Decree for divorce by mutual consent - Grant of, by Family Court - Absence of husband on three dates - Held: Family Court acted contrary to the avowed object of the ---'<f Act - It granted divorce on presumption of continuing consent of husband - It three weeks from expiry of D the mandatory period of six months without actually ascertaining consent of husband - More so, decree of divorce was vitiated by procedural irregularity - Court directed substituted service u/o_ 5 r. 20 in absence of its own satisfaction that husband is evading service
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