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1993 Supreme(SC) 695

R.M.SAHAI, S.R.PANDIAN
Chanderkala Trivedi – Appellant
Versus
S. P. Trivedi – Respondent


Advocates:
A.N.PAREKH, A.P.Dhamija, ANIL GUPTA, B.N.SINGHVI, K.K.SINGHVI, Pushpa Singhvi, S.M.Jain, SUSHIL JAIN

JUDGMENT

R.M. SAHAI, J.- This is wifes appeal against grant of decree for divorce by the High Court on ground of cruelty under Section 13(1)(i-a) of the Hindu Marriage Act. When leave was granted this Court observed:

"Special leave is granted as prima facie it appears that there are some points of law arising in the matter which may deserve consideration. We must, however, express that it is with some regret that we are 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 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 their problems which will be mutually acceptable to them."

But when the special leave petition was taken up for hearing the parties adopted very tough and rigid attitude. And that too when they are grandparents by no









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