Supreme Court of India

Savitri Pandey v. Prem Chandra Pandey

Neutral citation
Reported as [2002] 1 S.C.R. 50
Bench R.P. Sethi and Y.K. Sabharwal JJ.
Decided 8 January 2002

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

3 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that a minimum period of 90 days may be prescribed for filing the appeal against any judgment and decree under the Act and any marriage H 62 SUPREME COURT REPORTS (2002] 1 S.C.R A solemnised during the aforesaid period be deemed to be void.

Judgment, page 12

From the headnote

Hindu Marriage Act, 1955: 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 spouse abandoning the matrimonial home and declining to cohabitate-Amounts to forebearing to perform matrimonial obligation-There can be no desertion without previous co-habitation by the parties except on the ground of mental or physical incapacity or other peculiar circumstances of the case-Party seeking

Authorities it was built on

Where later benches applied it

Of those, 3 referred to

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