VidhiSangh

Supreme Court of India · 10/10/2023

DR. NIRMAL SINGH PANESAR versus MRS. PARAMJIT KAUR PANESAR @ AJINDER KAUR PANESAR

[2023] 13 S.C.R. 832 · 2023 INSC 896

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Summary

The Supreme Court rejected the husband’s divorce appeal after finding cruelty and desertion unproved. It recognised its Article 142 power to dissolve an irretrievably broken marriage despite opposition, but held that such relief is discretionary. Considering the elderly wife’s circumstances, care of the children, willingness to care for her husband and opposition to divorce, dissolution would not do complete justice in this case.

Issues

  1. Whether the husband established cruelty or desertion under the Hindu Marriage Act.
  2. Whether long separation required dissolution under Article 142 despite the wife’s opposition and circumstances.

Provisions considered

Held

Result

Appeal dismissed. Refusal of divorce upheld; marriage not dissolved under Article 142.

Judgment PDF: Supreme Court of India, [2023] 13 S.C.R. 832.