Mohammed Atique vs Aparajita Atique

ik-85360014 Delhi High Court 23 December 2024 • 15 min read

Judges (2)

Counsel (3)

Parties (2)

Case Significance

Mohammed Atique vs Aparajita Atique is a Delhi High Court decision dated December 23, 2024 (citation: ik-85360014). The husband appealed against a Family Court order granting divorce to the wife on the ground of cruelty under Section 27(1)(d) of the Special Marriage Act, 1954, from their 1998 marriage which produced three children. The appellant attempted to re-argue the maintainability of the petition under the Special Marriage Act despite the issue having been settled up to the Supreme Court five years earlier. The appeal was dismissed with costs of Rs 1,00,000, with the court concurring with the Family The bench comprised Justices Rekha Palli and Saurabh Banerjee. The judgment was delivered by Justice Saurabh Banerjee. Counsel appearing: Jhuma Bose (counsel for respondent), Praveen Agrawal (counsel for appellant), Rohit Dhamija (counsel for appellant).

Summary

The husband appealed against a Family Court order granting divorce to the wife on the ground of cruelty under Section 27(1)(d) of the Special Marriage Act, 1954, from their 1998 marriage which produced three children. The appellant attempted to re-argue the maintainability of the petition under the Special Marriage Act despite the issue having been settled up to the Supreme Court five years earlier. The appeal was dismissed with costs of Rs 1,00,000, with the court concurring with the Family Court's findings of extreme cruelty and noting the appellant's attempt to conceal material information.

What was the outcome of Mohammed Atique vs Aparajita Atique?

The husband appealed against a Family Court order granting divorce to the wife on the ground of cruelty under Section 27(1)(d) of the Special Marriage Act, 1954, from their 1998 marriage which produce...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-85360014)