Supreme Court of India
Smt. Roopa Soni v. Kamalnarayan Soni
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1 Supreme Court bench has cited this judgment.
What the Court ordered
For the reasons aforesaid, we are inclined to set aside the judgment of the Trial Court as confi rmed by the High Court of Chhattisgarh in F.A. (M) No. 115 of 2011.
Judgment, page 19
From the headnote
Issue for consideration: Whether the trial Court and High Court were justifi ed in adopting a hyper-technical and pedantic approach in declining the decree of divorce, when both the parties had made serious allegations against each other and were living separately for decade and half. Hindu Marriage Act, 1955 – The appellant-wife regis tered a complaint u/s. 498A of IPC and ss.3 and 4 of the Dowry Prohibition Act, 1961 – The respondent-Husband had questioned the character of th e appellant-wife – Petition for divorce – Trial Court and the High Court declined decree of divorce – Propriety:
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