Judgement of the Day Rupa Ashok Hurra v. Ashok Hurra & Anr Writ Petition (civil) 509 of 1997

Facts

In this case, the husband (petitioner) and wife decided to take divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955. The petition was filed on 21st August 1984, in view of the provisions of Section 13B (2), at the expiry of the period of six months. On 15th of April 1985, the hearing of the petition commenced and the same was adjourned at the joint application of the advocates of the husband and wife. Likewise, the hearing was adjourned till 10th January 1986. On 21st March 1986 wife revokes the consent earlier given for divorce and she said that there is the scope for a reunion; Husband disagreed with the statement made by the wife. But the city civil code dismissed the application of divorce. In 1994 both the husband and wife again appealed on that matter and wanted to get divorced because husband committed bigamy during suit pendency. The husband stated that after 18 months of petition how can she revoke the consent given for divorce and he didn’t accept that he committed a criminal offence under Section 494 (bigamy) of Indian Penal Code and he decided to file the writ petition in the Supreme Court to question the validity of the judgement made by the Trial and High court.


Judgement

Supreme Court held that Article 32 of the Indian Constitution cannot be invoked to question the validity of a final judgment/order passed by the high court because the remedy of judicial review is exhausted. But after considering the facts and circumstances of the case court decided to reconsider the final judgement because it was the rarest of the rare case and court wanted to cure the miscarriage of justice and to rectify the error legally and morally. Reconsideration of the case was allowed due to curative petition. The husband was given justice and divorce was granted, he was asked to pay Rs 550000 for maintenance of wife.

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