MANJULA versus K.R. MAHESH

Citation: [2006] SUPP. 3 S.C.R. 405 · Decided: 11-07-2006 · Supreme Court of India · Bench: ARIJIT PASAYAT · Disposal: Disposed off
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Judgment (excerpt)

MAN JU LA 
A 
v. 
K.R. MAHESH 
JULY 11, 2006 
[ARIJIT PASA YAT AND S.H. KAPADIA, JJ.] 
B 
Matrimonial Law-Marital discord-Petition for divorce by husband in 
Family Court-Petition by wife in Supreme Court for transfer of the divorce 
petition-Held, in view of the fact that marriage has irretrievably broken C 
down, the petition for divorce treated as joint petition for divorce on mutual 
consent-Direction to husband to deposit certain amount in particular manner 
for the welfare of the child of the parties-Code of Civil Procedure, 1908-
Section 25. 
Respondent-husband had filed a petition for divorce on various D 
grounds in Family Court, Chennai. Petitioner-wife filed transfer petition 
in this Court for transfer of the case to the Court in Mumbai. During 
hearing of the petition, a suggestion was given by the Counsel for the 
parties that the marriage had irretrievably broken down and hence 
keeping in view the welfare of their daughter, the petition for divorce 
should be allowed after mrking sufficient arrangement for the welfare of E 
the daughter. 
Disposing of the transfer petition, the Court 
HELD: 1.The marriage has irretrievably broken down and there 
would be no point in making an effort to bring about conciliation between F 
the parties. However, the welfare of the daughter is of paramount 
importance and the parties appear to have re-conciled to this position. 
1408-A] 
2. A sum of rupees five lakhs shall be kept in fixed deposit in 
nationalized bank initially for a period of S years with monthly interest G 
withdrawal to meet the educational expenses of the child. A sum of 
Rs.3,60,000/- will be deposited in the name of the child in a bank account 
in a Unit Linked Policy of AVIV A for a period of 12 years. 1408-B-CJ 
405 
H 
406 
SUPREME COURT REPORTS [2006] SUPP. 3 S.C.R. 
A 
3. On the deposit being made in the indicated manner the suit for 
divorce filed by the respondent in the Family Court shall be treated to be 
a joint petition for divorce, on the basis of mutual consent and appropriate 
decree shall be passed. The allegations made in the petition for divorce 
shall be treated to be inconsequential in view of the fact that divorce shall 
B be granted on mutual consent. [408-E-FI 
CIVIL ORIGINAL JURISDICTION: Transfer Petition (C) No. 947 of 
2005. 
Petition under Section 25 of the Code of Civil Procedure, 1908 for 
C transfer of the O.P. No. 1857 of2005 titled KR. Mahesh v. Manjula pending 
in the Family Court, Chennai (Tamil Nadu) to the Family Court at Mumbai 
(Maharashtra) 
D 
E 
Gaurav Agrawal and Akila Agarawal for the Petitioner. 
P.N. Puri for the Respondent 
The Judgment of the Court was delivered by 
ARIJIT PASA Y AT, J. Marriages are made in heaven, is an adage. A 
bride leaves the parental home for the matrimonial home. leaving behind 
sweet memories there with a hope that she will see a new world full of love 
in her groom's house. She leaves behind not only her memories, but also her 
surname, gotra and maidenhood. She expects not only to be a daughter-in-
law, but a daughter in fact. But the large number of cases flooding the courts 
with allegations of torture, harassment for dowry, saddens one's heart. Where 
lies the fault? Is it lack of communication or adjustment? Or, is it the victory 
F of greed and materialistic needs over love. affection and human values? The 
answer is difficult to find. There is another angle involved. The evil design 
to harass the in-laws over petty things by making accusations of dowry 
demand and torture. In such cases, the vital question again is whether laws 
which are really dynamic instruments fashioned by society for the purpose of 
achieving human relations by elimination of social tensions and conflicts 
G have achieved the intended objectives or are being used as weapons of an 
assassin to harass and humiliate others instead of being used as a shield 
against injustice. 
There is another social an;;le involved. When the parents fight out their 
H marital disputes, sometimes acrimoniously, the child who have nothing to do 
MANJULA v. K.R. MAHESH [PASAYAT, J.] 
407 
with the fight and is the ultimate victim watches helplessly. The fight goes A 
on unmindful of the fact that in future the child carries the tag of being one 
of a broken family. It is more stigmatic for a girl child. The stigma becomes 
more visible when her marriage is thought of in later years. This reality of 
life is, in most cases, lost sight of. But sometimes the parties tak
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