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subclause (a) of clause (1) of Section 23 of Hindu Marriage Act
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Showing posts with label
subclause (a) of clause (1) of Section 23 of Hindu Marriage Act
.
Show all posts
Tuesday, April 16, 2013
subclause (a) of clause (1) of Section 23 of Hindu Marriage Act = whether the person seeking divorce “is not in any way taking advantage of his or her own wrong or disability for the purpose of such relief”. On such examination if it is so found that the person is taking advantage of his or her wrong or disability it is open to the Court to refuse to grant relief. = In the present case, both the Courts noticed the relevant facts and came to a definite conclusion that the appellant has not only been cruel to the respondent, but has also brought the situation to the point where the respondent had no option but to leave the matrimonial home. In this situation as the appellant was trying to take advantage of his own wrong, the Courts disallowed the relief as was sought for. We find that the order to that effect of the High Court does not suffer any infirmity, illegality or perversity; no interference is called for.
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Page 1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.3861 OF 2013 (arising out of SLP(C)No.20...
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