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Sinha v. Sinha

Pennsylvania Supreme Court

526 A.2d 765 (1987)

Facts

In 1974, Shrikant Nandan Prasad Sinha (plaintiff) and Chandra Prabha Sinha (defendant) married while living in India. In August 1976, Shrikant moved to the United States without Chandra to obtain a master’s degree. When Shrikant first moved, Shrikant and Chandra communicated frequently and acted as husband and wife. However, in August 1979, Shrikant sought a divorce decree in New Jersey Superior Court. Shrikant dismissed the complaint after Chandra moved from India to Pennsylvania. Shrikant then filed for divorce in a court of common pleas within Pennsylvania in October 1980. After a hearing, the court entered a unilateral, no-fault divorce pursuant to 23 P.S. § 201(d), under which a divorce is granted if the spouses have lived separately for three years and the marriage is irretrievably broken. Chandra appealed on the ground that Section 201(d) required that at least one spouse had an intent to dissolve the marriage at the start of the separation period. The superior court rejected Chandra’s argument and affirmed the lower court. Chandra appealed to the Pennsylvania Supreme Court.

Rule of Law

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Issue

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Holding and Reasoning (Hutchinson, J.)

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