Supreme Court of India

Anjula Verma vs Sudhir Verma on 7 March, 2002

Supreme Court of India
Anjula Verma vs Sudhir Verma on 7 March, 2002
Equivalent citations: 2002 (2) AWC 1181 SC, I (2002) DMC 514 SC, JT 2002 (3) SC 51, 2002 (2) SCALE 475, (2002) 3 SCC 560, 2002 (1) UJ 645 SC
Author: Banerjee
Bench: U Banerjee, K Balakrishnan


ORDER

Banerjee, J.

1. Upon hearing the submissions made on behalf of the parties
and on perusal of the records, it appears that the High Court on the
factual matrix came to a conclusion to the effect as below:

“We are, therefore, on the view that the Family
Court was right in holding that there was no
wrong established on the part of the Respondent
subsequent to the decree of restitution of conjugal
rights which would disentitle him from seeking
divorce under Section 13(1A)(ii) of the Act.”

2. Having regard to the fact-situation of the matter, we do feel it
expedient in the special facts of the matter under consideration not
to interfere with the findings of the High Court more specially
under Article 136 of the Constitution and as such the matter does
not warrant any interference. The appeal is dismissed. All interim
orders stand vacated. May it, however, be clarified that the
dismissal of the appeal would not in any way prejudice the right of
maintenance or any other right or rights as may be available to her
as regards properties in accordance with law.