Supreme Court of India
Dr. Nirmal Singh Panesar v. Mrs. Paramjit Kaur Panesar @ Ajinder Kaur Panesar
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What the Court ordered
In view of the aforesaid discussion, we decide this reference by answering the questions framed in the following manner: (i) The scope and ambit of power and jurisdiction of this Court under Article 142(1) of the Constitution of India.
Judgment, page 12
From the headnote
Issue for consideration: Should the irretrievable breakdown of marriage necessarily result in the dissolution of mar riage in exercise of powers under Article 142 of the Constitution of India, wh en such is not a ground for divorce under the Hindu Marriage Act 1955. Hindu Marriage Act, 1955 – s.13(1)(ia) and s.13(1)(ib) – District Court granted the decree of divorce, as prayed for by the appellant- husband, however, the Single Bench of the High Cour t reversed the same and the Division Bench of the High Court confi rmed the judgment – Propriety: Held: Appellant-husband had failed to prove that
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