WHILE THE trial court passed a divorce decree in Jagdish Singh's favour, the HC reversed it holding that the lower court had erred in relying upon the husband's evidence NOW ON SC's order the case will be up for 'fresh disposal' before the HC
ESTRANGED FROM his wife for 24 years Jagdish Singh has been fighting a legal battle for a decree of divorce. But a technical flaw in the Allahabad High Court judgement has Singh in a fix. In fact following a trial court verdict granting him divorce in 1999 the high court had reversed the order in 2004. Singh suffered a set back yet again on Monday when the Supreme Court remitted the case back to the high court on the ground that it did not pass a reasoned order. Singh had challenged the high court's verdict in the apex court in 2005 hoping to get a favourable order. He wanted to end the 16-year-old litigation but was not granted any relief. The case will be up for "fresh disposal" before the high court that would decide the matter in accordance with law, after appreciating the evidence. A bench headed by Justice C.K. Thakker said: "When the law has conferred the power of re-appreciation of evidence on facts and on law on the first appellate court (Allahabad High Court), it would not be appropriate for this court to undertake that task." Asking the high court to record the reasons for passing its judgment, the bench directed it to give priority to Singh's case. However, it did not fix any timeframe for the high court to decide the case. Singh's marriage was solemnized on May 27, 1974 according to Hindu rites and rituals. Within six years of their marriage, the couple had a girl. In 1984 Singh's wife left him when the child was just four years old but filed a case against her husband seeking an order to restrain him from entering a second marriage. When Singh's persuasive efforts to bring back his wife failed, he moved the trial court in 1994 seeking divorce on the grounds of desertion and cruelty - his wife had even refused to attend their daughter's wedding, he had claimed. While the trial court passed a divorce decree in his favour, the high court reversed it holding that the lower court had erred in relying upon the husband's evidence.
With Thanks from the Hindustan Times
Source:-Hindustan Times 30th April 2008 P. 10 New Delhi
ESTRANGED FROM his wife for 24 years Jagdish Singh has been fighting a legal battle for a decree of divorce. But a technical flaw in the Allahabad High Court judgement has Singh in a fix. In fact following a trial court verdict granting him divorce in 1999 the high court had reversed the order in 2004. Singh suffered a set back yet again on Monday when the Supreme Court remitted the case back to the high court on the ground that it did not pass a reasoned order. Singh had challenged the high court's verdict in the apex court in 2005 hoping to get a favourable order. He wanted to end the 16-year-old litigation but was not granted any relief. The case will be up for "fresh disposal" before the high court that would decide the matter in accordance with law, after appreciating the evidence. A bench headed by Justice C.K. Thakker said: "When the law has conferred the power of re-appreciation of evidence on facts and on law on the first appellate court (Allahabad High Court), it would not be appropriate for this court to undertake that task." Asking the high court to record the reasons for passing its judgment, the bench directed it to give priority to Singh's case. However, it did not fix any timeframe for the high court to decide the case. Singh's marriage was solemnized on May 27, 1974 according to Hindu rites and rituals. Within six years of their marriage, the couple had a girl. In 1984 Singh's wife left him when the child was just four years old but filed a case against her husband seeking an order to restrain him from entering a second marriage. When Singh's persuasive efforts to bring back his wife failed, he moved the trial court in 1994 seeking divorce on the grounds of desertion and cruelty - his wife had even refused to attend their daughter's wedding, he had claimed. While the trial court passed a divorce decree in his favour, the high court reversed it holding that the lower court had erred in relying upon the husband's evidence.
With Thanks from the Hindustan Times
Source:-Hindustan Times 30th April 2008 P. 10 New Delhi
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