Question

In which case did the Supreme Court introduce the concept of curative petitions?

• A. M Nagaraj and Ors. vs. Union of India
• B. Indira Nehru Gandhi vs. Shri Raj Narain
• C. Kesavananda Bharati vs. State of Kerala
• D. Rupa Ashok Hurra vs. Ashok Hurra and Ors.

Answer 1

Answer:

D. Rupa Ashok Hurra vs. Ashok Hurra and Ors.

The Supreme Court introduced the concept of curative petitions in the case of Rupa Ashok Hurra vs. Ashok Hurra and Ors. This ruling, delivered in 2002, allows for the re-examination of a final judgment if there is a miscarriage of justice. The case of Rupa Ashok Hurra v Ashok Hurra arose from a matrimonial discord between Rupa Hurra and Ashok Hurra, who had been separated for several years. In this matter, the wife had initially consented to a divorce by mutual consent, but later withdrew her consent, leading to a dispute regarding the validity of the divorce decree. The case eventually reached the Supreme Court, where the validity of the divorce decree was contested. The central issue was whether an aggrieved person, after the dismissal of a review petition, is entitled to seek relief from a final judgement or order of the Supreme Court, either under Article 32 of the Constitution or through any other mechanism.