RUPA ASHOK HURRA VS. ASHOK HURRA, AIR 2002 SC 1771

Facts of the case:

The case of Rupa Ashok Hurra vs. Ashok Hurra is known as a matrimonial dispute of divorce. The petitioner and the respondent got married under the Hindu Marriage Act, of 1955. where the husband Ashok Hurra and his wife Rupa Hurra, got into some issues and filed a divorce case under section 13(b) Hindu Marriage Act,1955 which allows divorce by mutual consent. The petitioner and the respondent got married under the Hindu Marriage Act, 1955. But the petitioner revoked her assent after 18 months of the case which exceeded the time limit to revoke. The husband appealed in the court that the petitioner revoked her assent after 18 months which makes the decision of the court invalid to deny the divorce.

The petitioner applies to revoke the assent of the divorce. The husband objected to the Supreme Court stating that revoking consent after 18 months of period is not valid, and challenged the review under article 32 of the constitution, where the Supreme Court gives the concept of curative petition.

Issue of the case:

Does the aggrieved party have the right to be entitled to the curative petition under Article 137 of the Constitution?

Arguments:

The petitioner argued that she had not been given a proper opportunity to present her case and that new pieces of evidence had come to light since the last judgment. Whereas, the respondent defended the validity of divorce granted by the court. It was argued by the respondent that reviews should be allowed by the court where there is a clear error on the face of the record. Ultimately, the Supreme Court believed that review petitions should be limited to correcting errors instead of re-arguing the whole case.

Judgment of the case:

The court clarified that it does not have the jurisdiction to review its own judgment but under the article 137 known for curative judgment, the Supreme Court can review its judgment. The Rupa Ashok Hurra vs. Ashok Hurra case clarified that reviews are meant to correct significant errors in judgment, not to start the case from scratch. The Supreme Court has the authority to review its own decisions, but this should be done only in exceptional cases where there is a clear and substantial problem with the original judgment.

References:

–ttps://indiankanoon.org/doc/123456797/

–https://www.legalserviceindia.com/legal/article-1930-rupa-ashok-hurra-v-s-ashok-hurra-and-anr-the-birth-of-curat

Written by Gouravi Sharma an intern under legal vidhiya.

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