Supreme Court · 2009 INSC 288 · Decided 27 February 2009
Vishnu Dutt Sharma v. Manju Sharma
- Court
- Supreme Court of India
- Citation
- 2009 INSC 288 · [2009] 3 S.C.R. 891
- Case number
- CIVIL APPEAL No. 1330/2009
- Decided
- 27 February 2009
- Bench
- MARKANDEY KATJU, V.S. SIRPURKAR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Hindu Marriage Act Section 13
Headnote
Hindu Marriage Act, 1955: s. 13(1 )(i-a) - Petition for divorce by husband alleging c cruelty by wife - Dismissal by trial court as a/so by High Court - Plea that divorce be granted on the ground of irretrievable breakdown of marriage - HELD: No such ground is provided by legislature for granting add such a ground to s. 13, as that would be D amending the Act, which is a function of legislature - Cases referred in this regard cannot be treated as precedent - In the instant case, divorce by mutual consent in terms of s.13-8 cannot be granted as the wife is not willing to agree to a
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