AIR 2013 SUPREME COURT 2916 ::2013 AIR SCW 3195 ::(2013) 2 MarriLJ 550 ::(2013) 2 Orissa LR 497 ::(2012) 195 DLT 316 ::(2013) 2 HinduLR 82 ::(2013) 3 CivLJ 925 ::(2013) 2 RecCivR 835 ::(2013) 5 Scale 706 ::AIR 2013 SC (Civil) 1696 ::(2013) 2 CurCC 140 ::(2013) 3 CalLT 5 ::(2013) 5 Cal HN 81 ::(2013) 4 Bom CR 1 ::(2013) 4 All WC 3292 ::(2013) 2 DMC 213 ::(2013) 3 ICC 283 ::(2014) 117 Cut LT 94 ::(2013) 5 Mad LW 214 ::(2013) 3 JCR 457 (SC) ::2013 (3) KCCR SN 165 (SC) ::(2012) 4 Pun LR 16 ::2013 (14) SCC 123 ::(2013) 4 AndhLD 146

Supreme Court Of India

(From : Rajasthan)

Hon'ble Judge(s): G. S. Singhvi, S. J. Mukhopadhaya , JJ

Hindu Marriage Act (25 of 1955) , S.13, S.23— Divorce - Refuse of relief to person taking advantage of his or her own wrong - Fact that appellant was earlier married not revealed to respondent and her parents - Pending appeal, appellant also came out with a fresh matrimonial advertisement - It clearly reveals his intention to re-marry for third time even before getting divorce from respondent - Appellant not only cruel to respondent but also brought situation to point where respondent has @page-SC2917no option but to leave matrimonial home - Order of High Court dismissing appellant's petition for dissolution of marriage is proper. Under sub-clause (a) of clause (1) of Section 23, in any proceeding under the Act, if the Court is satisfied that any of the grounds for granting relief exists and the petitioner is not in any way taking advantage of his or her own wrong or disability for the purpose of such relief, the Court shall grant relief under Section 23 (1)(a) of the Act, Therefore, it is always open to the Court to examine 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 adm....