Judgments/Orders – Clarification of – Army Act, 1950 – ss. 45, 63 – Air Force Act, 1950 – ss.45, 65 – Navy Act, 1957 – ss.54(2),
74 – Union of India (UOI) sought clarification of the judgment of Supreme Court in Joseph Shine v. Union of India reported as [2018]
11 SCR 765 – Held: In Joseph Shine case, the scheme of the Acts in the context of Article 33 of the Constitution did not fall for the consideration – Said judgment was not concerned with the effect and operation of the relevant provisions of the Acts in question – Court was neither called upon nor it ventured to pronounce on the effect of ss.45 and 63 of the 1950 Act or the corresponding provisions in other Acts or any other provisions of the Acts – Further, it is not as if this Court approved of adultery – It was found that adultery may be a moral wrong (per Hon’ble Indu Malhotra, J.) – It will continue to be a ground for securing dissolution of marriage and has also been described as a civil wrong – Constitution of India – Article 33 – Armed Forces.
Joseph Shine v. Union of India (2019) 3 SCC 39 : [2018] 11 SCR 765 – clarified.
Supertech Limited v. Emerald Court Owner Resident Welfare Association and Others Miscellaneous
Application No. 1572 of 2021 in Civil Appeal No. 5041 of 2021; Delhi Administration v. Gurdip Singh Uban and Others (2000) 7 SCC 296 : [2000] 2 Suppl. SCR
496 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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