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1982 Supreme(Ker) 62

SUKUMARAN
RADHAKUMARI – Appellant
Versus
K. M. K NAIR – Respondent


Judgment :-

1. Home, sweet home, is a cherished concept of all. Thoughts centre round the borne where the wife and children stay, even when one is away. It is in that sense that Lord Denning conceived of home, when he observed: "The man'occupies' the home by bis wife and family even whilst he is overseas". (See R. v. LB of Hillingdon, 1981 (2) All E. R.1089 (1092)).

2. A broken home, however, is a traumatic experience. To many, merely being under the same roof, without emotional attachment and the connection of affection, is a mere vegetative existence. Quite often, a deserted wife gets reconciled to think, (unnecessarily and unscientifically perhaps): 'what is fated cannot be blotted'; and counts the days with sorrows' crown of sorrow The plight of the children, however, appears to be more tragic. As Lane J. observed in L v. F (Times dated 1-8-1981) and quoted W. v. A., 1981 (1) All E. R.100 at 104: "a marriage could be dissolved but not parenthood". The decision in W. v. A. (supra) refers (at page 105) to the evidence given by a very distinguished child psychiatrist 'that when they grow older, children were often greatly concerned with their biological origin'. George Eliot in "Th





























































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