Рет қаралды 11,313
पति पत्नी को मिला तलाक का नया आधार | New Ground Of Divorce | Supreme Court Judgement | Legal Gurukul
The Supreme Court of India in its latest judgement in the case of Jatinder Kumar Sapra vs Anupama Sapra, gave a new ground for divorce for husband and wife.
The couple married in 1991 and had two children. After 14 years of marriage, marital discord arose. Jatinder Kumar Sapra filed a petition for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955, citing irretrievable breakdown of the marriage. Anupama Sapra contested the petition and made allegations of cruelty against her husband.
Lower Court Decisions: Both the Family Court and the High Court of Punjab and Haryana dismissed Jatinder Kumar Sapra's petition for divorce.
Supreme Court Judgement: The Supreme Court granted leave to appeal and dissolved the marriage based on irretrievable breakdown. The court acknowledged that granting divorce on this ground is not an automatic right, but a discretion exercised after considering various factors to ensure fairness to both parties. These factors included:
Duration of cohabitation and the date of separation
Nature of allegations made by each side
Impact of legal proceedings on the relationship
Efforts at reconciliation through mediation or court intervention
Whether the separation period exceeded six years
Economic and social status of the parties
This case was significant because it highlighted the factors considered by the Supreme Court of India when granting divorce based on irretrievable breakdown of marriage.
===================================
Judgement Link
Jitender Sapra vs Anupama Sapra Supreme Court New Ground Divorce 2024
drive.google.com/file/d/1qUUm...
===================================
📢 Book Appointment Now 📢
For Legal Queries Email ID - adv.piyushmittal@gmail.com
Talk to Me (Callme4 App) ID - legalgurukul@cm4
📢 Book Appointment Now 📢
Other social links
KZbin - / @legalgurukul
Facebook - / legalgurukul
Gmail - adv.piyushmittal@gmail.com (Legal Queries)
Thanks for Watching...Sharing...Subscribing.....Legal Gurukul
Regards,
Advocate Piyush Mittal, LLB. LLM
Legal Gurukul
===================================
Related Queries
#legalgurukul #advocatepiyushmittal #legal #law