LexSMT. CHANDRAKALA TRIVEDI versus DR. S.P. TRIVEDI
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A
SMT. CHANDRAKALA TRIVEDI
v.
DR. S.P. TRIVEDI
AUGUST 24, 1993
B
[S. RATNAVEL PANDIAN AND R.M. SAHA!, JJ.]
Hindu Maniage Act, 1955:
Section 13( I)( a )-Divorce-Allegation of cruelty-Bitterness continuing
C despite becoming grandparent,-Inte1ference by Supreme Court in appeal
against grant of divorce-Whether called for.
The respondent-husband had filed a petition for divorce on the
ground of cruelty against the appellant wife under Section 13(1) (a) of the
Hindu Marriage Act. It was dismissed by the Matrimonial Court. The
D Division Bench of the High Court, in the appeal filed by the respondent,
granted the decree. This appeal is against the grant of decree of divorce
by the High Court.
Dismissing the appeal, this Court
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HELD: 1. Without examining the correctness of the findings of the
Court below it is certain that in view of the allegations made against each
other the marriage of the appellant and respondent, in any circumstances,
cannot be continued further. The marriage appears to be practically dead
as from cruelty alleged by a husband it has turned out to be atleast
intimacy of the husband with a lady doctor and unbecoming conduct of a
F Hindu wife. (788-E-F]
2. Therefore, the respondent-husband is directed to purchase a flat
for the appellant between Rs. 3 to 4 lakhs and hand over the vacant
possession Within six months and deposit a further sum of Rs. 2 lakhs in
the name of the appellant at the Family Court, Bombay. In the alternative,
G if the appellant is not agreeable for the flat the respondent shall deposit
a sum of Rs.5 lakhs which the appellant shall be entitled to withdraw.
(799-C-D]
3. The question whether the Division.Bench was in error in observing
that the matrimonial proceedings are quasi-criminal in nature and there-·
H fore it was for the wife to prove beyond donbt that the husband was leading
796
,
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CHANDRAKALA v. S.P. TRIVEDI [SAHA], J.J
797
an adultrous life has some merit but it need not be examined as it would A
entail remand which shall be continuation of further agony. [798-G]
Narayan Ganesh Datane v. Sucheta Nmyana Dastane, [1975] 3 S.C.R.
967, referred to.
4. The findings of unbecoming conduct of the appellant is shaky. It
is directed that such findings in the judgment of all courts below shall
'land deleted. [799-A]
CIVIL APPELLATE JURISDICTION : Civi1 Appeal No. 1838 of
1990.
From the .Judgment and Order dated 17.10.89 of the Bombay High
Court in LPA No. 105/89.
S.M. Jain, A.N. Pareekh, Sushi! Kumar Jain and A.P. Dhamija for
I he appellant.
K.K. Singhvi, Mrs. Pushpa Singhvi, B.N. Singhvi and A.K. Gupta for
the respondent.
The Judgment of the Court was delivered by
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c
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R.M. SAHA!, J. This is wife's appeal against grant or decree by E
divorce by the High Court on ground of cruelty under Section 13(1)(a) of
the Hindu Marriage Act. When leave was granted this Court observed,
"Special leave is granted as p1ima facie it appears that there are
some points of law arising in the matter which may deserve con-
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sideration. We must, however, express that it is with some regret
that we arc granting leave in this matter because it appears to us
that the marriage between the parties is, for practical purposes,
dead. The only child of the marriage is a daughter who is also
married and settled. The enforced continuity of the marriage will
only mean that the parties will spend more years in bitterness G
against each other. The husband is in a position to provide
reasonable maintenance or permanent alimony. We can only hope
by the time the appeal reaches - hearing the parties will be in a
more reasonable frame of mind and arrive at some resolution of
thei.r problems which will be mutually acceptable to them."
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798
SUPREME COURT REPORTS [1993] SUPP. 1 S.C.R.
A But when the special leave petition \\as taken up for hearing the parties
adopted very tough and rigid attitude. And that too when they are
grandparent by now. Prime of life is lost but the fire of dislike for each
other was still burning hot. We do share feelings of wife expressed by the
learned counsel that a conservative Hindu lady would no prefer to be know
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a.s divorcee in the society. At the same time we cannot be oblivious of
impossible situation in which the parties have landed themselves which
indeed is unfortunate.
Both the appellant (wife) and the respondent (husband) come of
middle class families. Their father were vaid by profession. ThExcerpt shown. Read the full judgment & AI analysis in Lexace.