Full Judgment Text
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PETITIONER:
V. K. GUPTA
Vs.
RESPONDENT:
NIRMALA GUPTA
DATE OF JUDGMENT04/09/1979
BENCH:
ACT:
Hindu Marriage Act 1958-S. 13(1)(b)-Dissolution of
marriage-Reconciliation of a ruptured marriage-Judge aided
by counsel to strain to the utmost-Judicial monitoring a
salutary prophylactic.
HEADNOTE:
The husband (petitioner) sought a decree for divorce of
his wife (respondent) under Sec. 13(1)(b) of the Hindu
Marriage Act. The single Judge and the Division Bench of the
High Court did not grant dissolution of the marriage.
In the Special Leave Petition to this Court,
^
HELD: 1. The benign perspective which the Court must
bring to bear upon a matrimonial cause is the resolution of
the conflict between the parties and eventual restoration of
the conjugal home. The first essay of the Judge aided by
counsel is that of reconciliation of the ruptured marriage.
[507C]
2. The sanctity of marriage is the foundation of
civilisation and therefore Court and counsel owe a duty to
society to strain to the utmost to repair the snapped
relations between the parties. The task becomes more
insistent when an innocent off-spring struggles in between
the disputed parents. Judicial monitoring is a salutary
prophylactic. [507D, 508D]
In the instant case the minor frictions which got
distorted into disruption being really the wear and tear of
wedded fabric and there being a child whose future is to be
largely moulded by the sweetness and survival of the
wedlock, the Court impressed upon counsel and the parties
for resolution of the conflict and restoration of the
conjugal home. They responded, put in their statements and
the Court directed the husband and wife (petitioner and
respondent) to live together in terms of their statements
and hopefully, never to separate until death do them part.
The Court further granted three months time to now whether
the marriage is back on its wheels to run smoothly. [507G-
508C]
JUDGMENT:
CIV[L APPELLATE JURISDICTION: Special Leave Petition
(Civil) No. 3661/78.
From the Judgment and order dated 9-5-1978 of the Delhi
High Court in L.P.A. No. 41/78.
A.K. Gupta for the Petitioner.
N. D. Garg and T.L. Garg for the Respondent.
507
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The order of the Court was delivered by
KRISHNA IYER, J. Upon hearing counsel, the Court passed
the following order:
This matrimonial litigation, where a husband (the
petitioner) unsuccessfully tried to get a decree for divorce
of his wife (the respondents under Section 13(1) (b) of the
Hindu Marriage Act, has landed in this Court as a petition
for special leave to appeal. Customary accusations on both
sides were made in the pleadings and evidence, but the High
Court (both the single judge and the division bench) did not
grant dissolution of marriage. When we heard counsel on both
sides on a preliminary basis we impressed upon them the
benign perspective which the Court must bring to bear upon a
matrimonial cause. lt is fundamental that reconciliation of
a ruptured marriage is the first essay of the judge, aided
by counsel in this noble adventure. The sanctity of marriage
is, in essence, the foundation of Civilisation and,
therefore, Court and counsel owe a duty to society to strain
to the utmost to repair the snapped relations between the
parties. This task. becomes more insistent when an innocent
off-spring of the wedding struggles in between the disputed
parents. In the present case, there is a child, quite young,
the marriage itself being young.
We have had the advantage of responsive counsel on both
sides who shared the spirit of our suggestion, worked on the
minds of their clients. and healed a wounded situation into
a healthy rapprochement. What is equally noteworthy is the
circumstance that the parties themselves reacted sensitively
and constructively. Naturally, there was initial resistance,
mistrust, apprehension and, therefore, a string of
conditions in arriving at a consensus between the parties.
At the end of this conciliatory journey, it was possible to
reach a happy destination resulting in the resolution of the
conflict between the parties and eventual restoration of the
conjugal home.
Today, counsel on both sides put in statements which we
are recording in the proceedings. In substance, both husband
and wife are basically agreed upon living together with the
ardour and lover of partners in life. The minor frictions
which got distorted into disruption was really the wear and
tear of wedded fabric. We are able to discern in the two
statements a sincere wish to come together and enjoy the
conjugal bliss which is their right. We further notice a
concern on both sides for the little, lovely child whose
future is largely moulded by the sweetness and survival of
the wedlock.
At the end of brief submissions on both sides, the
respondent (wife) agreed to go to her matrimonial home and
live with her
508
husband (the petitioner) right away. On our gentle
persuasion, they moved from the Court to live together in
the husband’s home-the husband assuring the Court that he
will live with and love his wife and the wife, in turn,
agreeing to live in the family of the husband as a good
daughter-in-law would do in a Hindu family. We are glad that
the story has ended happily.
We direct the husband and wife (petitioner and
respondent) to live together in terms of their statements
and, hopefully, never to separate until death do them part.
As a preliminary experiment we have directed that the Court
will wait for three months to know whether the marriage is
back on its wheels to run smoothly. We have impressed on the
spouses that an ideal marriage is one where-
"each sucked into each,
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on the new stream rolls,
whatever rocks obstruct".
The special leave petition will stand adjourned to 25th
January 1980 and counsel on both sides will report on
Republic Day eve about the fortunes of the wedlock which by
joint endeavour is apparently restored. Judicial monitoring
is a salutary prophylactic.
N.V.K.
509