Chander Vs. Smt. Savitri  INSC 45 (13 January 1995)
R.M. (J) Sahai, R.M. (J) Majmudar S.B. (J)
1995 AIR 851 1995 SCC (2) 7 JT 1995 (1) 362 1995 SCALE (1)177
Should a marriage which is otherwise dead emotionally and practically be
continued for name-sake is the issue for consideration in this appeal.
five years have elapsed since the appellant, a sanitary inspector, and the
respondent, his wife-a teacher, have enjoyed the company of each other as
husband and wife.
these 25 years this is the second round of litigation which routing through the
Trial Court and the High Court has reached this Court. The earlier one founded
on desertion was decided by this Court against the husband on 23rd April 1980. This appeal is based on cruelty.
Both the courts below have found that even though the wife had cast serious
aspersions on the character of the appellant in the written statement filed by
her earlier and alleged that he was in the habit of mixing with undesirable
girls in the presence of respondent yet since neither any evidence was led nor
it was proved consequently it could not be made basis for claiming divorce on
V Bhagat v. D. Bhagat (Mrs). (1994) 1 SCC 337 this Court has explained the
concept of cruelty both mental and physical which could entitle an applicant to
claim divorce under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.
Trivedi (Smt.) v. Dr. S.P. Trivedi (1993) 4 SCC 232 it was held that if a marriage
was dead and there was no chance of its being retrieved it was better to bring
it to an end. In this case the marriage is dead both emotionally and
practically. Continuance of marital alli- ance for name-sake is prolonging the
agony and affliction.
cannot be disputed that the husband has not been dutiful and conscious of his
responsibilities either towards his wife or his son, He did not contribute
anything towards upbringing of the child. Yet the marriage being dead, the
continuance of it would be cruelty, specially when the child born out of the
wedlock of the appellant and the respondent as far back as 1968 having now
grown and being in service.
appellant has expressed remorse for his conduct and is willing to compensate
for his past mistakes by transferring the only house in his name in favour of
Considering the facts and circumstances of this case we, in exercise of power
under Article 142 of the Constitu- tion of India, direct that the marriage between appellant and the respondent shall
stand dissolved subject to the appellant transferring the house in the name of
his 364 wife. The house shall be transferred within four months from today. The
dissolution shall come into effect from the date the house is transferred and
possession is handed over to the respondent.
appeal is disposed of accordingly. Parties shall bear their own costs.