The reference has been made by a three-Judy a division bench, headed by Justice E M M Punchhi, now the Chief Justice, was on an appeal by the husband, Ashok Hurra, a wealthy diamond merchant of Ahmedabad.

The impugned judgement also dropped the bigamy charge against Hurra in return for his paying a lump sum amount of Rs 10 lakh to his wife Rupa Hurra as compensation.

According to the facts of the case, Rupa and Ashok were married in 1970. But, due to differences, both filed petitions for divorce by mutual consent in the city civil court of Ahmedabad in 1984.

On April 4, 1984 Ashok pressed for immediate grant of decree of divorce. But the matter was adjourned from time to time on the plea of Rupa that compromise talks were on with herhusband.

On August 18, 1985, without the knowledge of Rupa, Ashok married Sonia, a leading lawyer of Ahmedabad. A child was born to them subsequently.

In March 1986, Rupa withdrew her consent to the divorce and the trial court dismissed the petition of Ashok seeking divorce.

On appeal, a single judge of the Gujarat High Court upheld dismissal order of the trial court. However, on a letter pattern appeal before a division bench Ashok succeeded in getting a decree of divorce, following which Rupa filed an appeal against the High Court judgement.

On March 10, last year, Justices Punchhi and K S Paripoornan (since retired) in their impugned judgement held that though the conduct of Ashok was blameworthy in as much as that he had married for the second time during the pendency of legal proceedings to dissolve the earlier marriage, the factor could not be blown out to proportion or viewed in isolation.

The two judges, therefore, granted a divorce sought by Ashok provided that he paid Rs 10 lakh to Rupa.