Chanderkala Trivedi v. S.P.

Trivedi 1993 4 SCC 232

Submitted by

FARAZ AHMAD

Batch 2020-25, DIVISION-D, BBA.LL.B.

PRN- 20010223167
Symbiosis Law School, NOIDA

Symbiosis International (Deemed University), Pune

In
November, 2020
Under the guidance of
Ms.Deepali Sahoo and Ms.Shipra Sinha
(Assistant Professor)
 Facts of the case
Special leave is given because there appear to be certain legal issues in the case that need to be
addressed immediately. However, we must express our sadness that we have been given leave in
this issue because the parties' marriage appears to be over. The couple has only one child, a
married and established daughter. The marriage will be forced to continue, resulting in further
years of hostility between the partners. The husband is financially capable of paying appropriate
maintenance or long-term alimony.

However, when the special leave petition was heard, the parties took a very harsh and inflexible
stance. And that's when they're already grandparents. The prime of life had passed them by, yet
the flames of hatred for one another remained smouldering. We share the sentiments expressed
by the learned Counsel that a traditional Hindu lady would not want to be labelled as a divorcee
in society. At the same time, we cannot ignore the untenable scenario in which the parties have
found themselves, which is regrettable.

Issue
The appellant (wife) and respondent (husband) are both from middle-class backgrounds. Their
father was a vaid by trade. The husband married the appellant while undertaking an internship at
the J.J. Hospital in Bombay, and a daughter was born from their union, who is now married.
Differences appear to have emerged somewhere in the late 1970s, nine years after marriage, as a
result of the husband's claimed closeness with another lady doctor, which eventually led to the
husband submitting a petition for divorce on the grounds of cruelty. When the husband's written
statement was produced and accusations of infidelity were brought against him, he created a case
of his wife's unwelcome involvement with young boys. Even the Matrimonial Court, which
dismissed the case, determined that the appellant's behavior was not that of a Hindu married
lady. Whether the husband's allegati0n that she was in the habit 0f ass0ciating with y0ung b0ys
and the "findings rec0rded by the three c0urts are c0rrect 0r n0t, 0ne thing is certain: 0nce such
allegati0ns are made by the husband and wife as they have been in this case, it is obvious that the
marriage cannot be continued under any circumstances. The marriage looks to be practically
dead, as it has turned 0ut t0 be at least familiarity 0f the husband with a lady d0ct0r and
unseemly behavi0r 0f a Hindu wife, as stated by the husband.

Analysis
In light of this Court's verdict in Narayan Ganesh Dastane v. Sucheta Narayan Dastane, the
learned Counsel for the appellant's argument that the Division Bench erred in observing that
matrimonial proceedings are quasi-criminal in nature and that it was up to the wife to prove
beyond a reasonable doubt that the husband was living an adulterous life appears to have some
merit. We do not intend to examine it, however, because we are convinced that the marriage is
over and that the findings of fact cannot be overturned by this Court unless the appeal is sent
back to the Divisi0n Bench t0 be decided again, which w0uld be an0ther futile exercise leading
to tortious litigation and continued agony for the parties. We should also mention that the
conclusions drawn from the appellant's inappropriate behaviour appear to be weak. As a result,
we order that such conclusions be struck from all court rulings. Nonetheless, we have decided
not to appeal the judgement of the Division Bench. We d0 n0t intend t0 examine it, h0wever,
because we are c0nvinced that the marriage is 0ver and that the findings 0f fact cann0t be
0verturned by this C0urt unless the appeal is sent back t 0 the Divisi0n Bench t0 be decided
again, which w0uld be an0ther futile exercise leading t0 t0rti0us litigati0n and c0ntinued ag0ny
f0r the parties. We should also mention that the conclusions drawn from the appellant's
inappropriate behaviour appear to be weak. As a result, we order that such conclusions be struck
from all court rulings. Nonetheless, we have decided not to appeal the judgement of the Division
Bench. One of the reasons for this is because, after our persuasion, the husband consented to give
the appellant with a one-bedroom flat in a neighborhood where it is available for between Rs. 3
and 4 lacs. He also consented to make a deposit of Rs. 2,00,000/- for the appellant's benefit.

Conclusion
If the appellant refuses to accept a one-room flat in Thane, she must tell the court in writing
within one month of today. Within three months after being notified, the husband must make a
payment of Rs. 5 lakhs in the form of a demand draught payable to the appellant with the Family
Court. It is feasible for the appellant to get it removed. If the appellant accepts Rupees Five
Lakhs or a one-room flat in Thane and Rupees Two Lakhs, the divorce judgement will be
suspended for the aforementioned term.