Unless set aside, even a void trial verdict subsists
New Delhi: The Supreme Court has held that
even a questionable and ab initio void judicial verdict
continues to subsist unless specifically set aside by a
competent court of law on a plea by the affected party.
A bench of justices P Sathasivam and B S Chauhan has
reiterated this legal priciple while quashing a criminal
complaint by a woman in Punjab accusing her former husband,
from whom she had secured a divorce as per mutual consent, of
indulging in domestic violence against her.
The woman had lodged the complaint in a magisterial court
against her former husband under the Protection of Woman from
the Domestic Violence Act contending the decree of divorce she
had procured from her husband as per mutual consent was a sham
and she herself was "a party to the fraud on court."
"It is well-settled principle of law that even a void
order is required to be set aside by a competent court of law
as an order may be void in respect of one person but may be
valid in respect of another," the bench said.
"An order cannot be declared to be void in collateral
proceedings and that too in the absence of the authorities who
were the authors thereof," the bench added.
Married to a Punjab college professor Inderjit Singh
Grewal in September 1998, Amandeep Kaur, a lecturer in another
college, had moved a civil court in September 2007 for divorce
on the basis of mutual consent and got it six months later in
March, 2008, when the couple reiterated their intention to
part ways, saying they have settled their issues of alimony
etcetera for good.
More from India
More from World
More from Sports
More from Entertaiment
- No trace of IAF's AN-32 aircraft and survivors
- Rio Olympics 2016: NADA to take decision on Narsingh Yadav's fate today
- Intruder who ‘spiked’ wrestler Narsingh Yadav’s food identified: Sources
- China increases soldiers at Ladakh's Pangong Lake
- Madhya Pradesh: Two women assaulted at railway station for carrying beef
- Niti Aayog to hold consultations today with states on 15-year vision document
- Coal scam: Rathi Steel, 3 officials convicted; quantum of sentence to be declared today
- Alarm bells for Nawaz Sharif! Huge protests rock PoK, locals allege ISI rigged polls in favour of PML(N)
- Chill guys! There's still time for Deepika Padukone, Fawad Khan film
- Rio Olympics 2016: Narsingh Yadav's fate hangs in balance as NADA takes final decision today