Case number is Civil Appeal No.5862 of 2014 Judgement dated 30/6/2014 Judges coram : Justice Sudhansu Jyoti Mukhopadhyay and Dipak Misra, JJ, Judgement for the court, written by Justice Dipak Misra.
Whole judgement can be seen on official website of Supreme Court of India.
One Point from the Judgement :
After case is decided, after judgement is given, if one of the party, husband or wife, behaves in unjust manner, can this be told to Appeal Courts?
Can Appeal Court look into these new behaviour and can it grant divorce on basis of new unjust behaviour of party?
Supreme Court answered:-
(Exact words in judgement are reframed by me)
Yes. Subject to two conditions.
1) New facts should be indisputable evidence. The evidence must be strong that other side have no way to deny.
2) New evidence must be relevant to show a pattern in behaviour of other party.
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My purpose in this post is only to tell you that the Family Law is made a little more flexible by this judgement.
Judges cannot remain blind to what is happening in life of husband and wife after a judgement is given... Even divorce can be granted by looking at new behaviour.
The Judgement requires to be read in detail by those who are interested.
Haresh Raichura
18/07/2014
