IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CURATIVE PETITION (CIVIL) NO. _____ OF 20__
IN THE MATTER OF:
X ________,
_R/o _______,
…Petitioner
VERSUS
Y ________,
_R/o _______,
…Respondent
CURATIVE PETITION UNDER ARTICLE 129, 137, 141, AND 142 OF THE CONSTITUTION OF INDIA READ WITH ORDER XLVIII OF SUPREME COURT RULES, 2013
To,
The Hon’ble Chief Justice of India and His Lordships Companion Judges of the Supreme Court of India.
The Humble Petition on behalf of the Petitioner abovenamed
MOST RESPECTFULLY SHOWETH:
- That the petitioner is desirous of filing the present Curative Petition against the Judgment and Final Order dated ________ passed in Review Petition (Civil) No. _______ in SLP (Civil) No. ________, which was dismissed by this Hon’ble Court vide Judgment and Final Order dated ________.
2. QUESTIONS OF LAW
The following questions of law of general public importance arise for the consideration of this Hon’ble Court:
(a) Whether the Court is justified in refusing a decree of divorce when both advocates submitted that the parties have not cohabited since 1976, and there is no chance of reunion, making the decree appropriate?
(b) Whether the courts below erred in holding that the petition filed by the petitioner was barred by the principle of res judicata?
(c) Whether the High Court and subordinate courts failed to appreciate that the marriage is irretrievably broken, leaving no possibility of reconciliation, thereby warranting a decree for divorce?
(d) Whether the courts below erred in holding that the ground of desertion was not proved and thus could not be considered?
(e) Whether the efflux of time and the admitted non-resumption of cohabitation suffice to grant a decree of divorce?
3. GROUNDS
The petitioner submits this Curative Petition on the following amongst other grounds:
A. That the Hon’ble Court failed to consider the complete and admitted facts of the case, particularly the absence of cohabitation since 1976.
B. That the irretrievable breakdown of marriage has been recognized as a valid ground for granting divorce in various judgments, including Rupa Ashok Hurra v. Ashok Hurra, (2002) 4 SCC 388.
C. That the dismissal of the Review Petition by circulation without oral hearing caused a grave miscarriage of justice to the petitioner.
D. That the principles of natural justice demand reconsideration of the petitioner’s claims based on substantive rights and justice.
It is submitted that no new grounds have been taken in this Curative Petition. The grounds raised here had already been mentioned in the Review Petition, which was dismissed by circulation.
4. MAIN PRAYER
In light of the foregoing, the Petitioner most respectfully prays that this Hon’ble Court may graciously be pleased to:
(a) Reconsider the Judgment and Final Order dated ________ passed by this Hon’ble Supreme Court of India in Review Petition (Civil) No. ________.
(b) Pass any such other order(s) as this Hon’ble Court may deem fit and proper in the interest of justice.
AND FOR THIS ACT OF KINDNESS, THE PETITIONER, AS IN DUTY BOUND, SHALL EVER PRAY.
FILED BY:
ADVOCATE FOR THE PETITIONER
Date: ________ 20_
Place: New Delhi_
[NOTE: To be supported by an affidavit]
CERTIFICATE
Certified that the Curative Petition has been examined by me, and it appears that the following very strong grounds exist for the facts of the curative parties:
The Curative Petition fulfills the requirements laid down in Rupa Ashok Hurra v. Ashok Hurra, (2002) 4 SCC 388, as the Review Petition was dismissed by circulation, and the grounds taken herein had been taken in the Review Petition with specific averments in this regard.
Signature
Senior Advocate
Date: ________
Place: ________
