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Jyoti Sharma v. Rajinder Kumar Sharma

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 201 of 2016)Decided 12 Jan 2016
Civil Appeal No. 201 of 2016
Justice Anil R. Dave · Justice Adarsh Kumar Goel

Background

Matrimonial proceedings under Section 13 of the Hindu Marriage Act (File No. 79/02) had been pending before the Additional District Judge, Matrimonial Cases, Jammu, but the respondent-husband withdrew the proceedings, which were accordingly closed by an order dated 20 February 2004. The appellant-wife challenged that closure order before the Supreme Court.

Decision Breakdown

The Supreme Court set aside the 20 February 2004 order closing the proceedings and directed that the matrimonial case be revived and restored to its original file number, with the trial court directed to decide the case afresh within one year. The Court fixed specific dates for the parties to appear before the Additional District Judge and for the petitioner to file her written statement, and directed the Registry to forward a copy of the order to the trial court, disposing of the appeal as allowed with no order as to costs.

Lesson Learnt

A matrimonial case that was closed because one spouse unilaterally withdrew it is not necessarily final: the other spouse can get it revived and sent back for a proper decision on the merits, and the Supreme Court can set firm deadlines to ensure it doesn't languish again.

Official source (sci.gov.in)View Judgment (PDF)

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