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 THE SUPREME COURT RULES, 2013
TO
The Hon’ble Chief Justice of India
And His Lordships’ Companion Judges of the Hon’ble 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. QUESTION OF LAW:
In the present Curative Petition, the following substantial questions of law of general public importance arise for consideration before this Hon’ble Court:
(a) Whether the refusal to grant a decree of divorce, despite arguments by both advocates that no cohabitation has taken place between the parties since 1976 and there is no chance of reunion, is justified?
(b) Whether the lower courts erred in holding that the petition was barred by the principle of res judicata?
(c) Whether the High Court and lower courts failed to appreciate that the marriage was irretrievably broken, leaving no possibility of reconciliation, thereby warranting a decree of divorce?
(d) Whether the courts erred in dismissing the ground of desertion as unproven and untenable under the prevailing circumstances?
(e) Whether the admitted fact of prolonged non-cohabitation and efflux of time is insufficient to grant a decree of divorce in the interest of justice?
3. GROUNDS
The petitioner is filing this Curative Petition on the following grounds, amongst others:
A. The judgment passed in the Review Petition is contrary to settled legal principles enunciated by this Hon’ble Court in cases relating to the irretrievable breakdown of marriage.
B. The dismissal of the Review Petition has resulted in a grave miscarriage of justice, as the principles of law laid down by this Hon’ble Court have been overlooked.
C. The findings of the lower courts on the issue of desertion and irretrievable breakdown of marriage are perverse and contrary to the evidence on record.
D. The petitioner has been subjected to prolonged mental agony and hardship due to the erroneous interpretation of the principle of res judicata by the courts below.
E. The petitioner’s fundamental right to seek redress under Articles 14, 19, and 21 of the Constitution of India has been violated due to the dismissal of the Review Petition.
The grounds mentioned in the present Curative Petition were duly raised in the Review Petition, which was dismissed by circulation. No new grounds have been introduced in this petition.
4. MAIN PRAYER
It is, therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to:
(a) Reconsider the Judgment and Final Order dated ________ passed by this Hon’ble Court in Review Petition (Civil) No. _______;
(b) Pass such other order or orders as may be deemed fit and proper by this Hon’ble Court 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
FILED ON: ______, 20
PLACE: New Delhi
[NOTE: To be supported by an affidavit]
