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1970 Supreme(Ker) 77

V.R.KRISHNA IYER
YUSUF ROWTHAN – Appellant
Versus
SOWRAMMA – Respondent


Judgment :-

1. This case, like most others, reveals a human conflict, over-dramatised by both sides and dressed up in legal habiliments, as usual; and when, as here, parties project a matrimonial imbroglio on the forensic screen, the court attempts a reconciliation between law and justice. What deeply disturbs a judge in such case-situations is the conflict between doing justice by promoting a rapprochement and enforcing the law heedless of consequence. Sowramma, a Hanafi girl, around 15, married in 1962 Yusuf Rowthan, nearly twice her age, but the husband's home hardly found them together for more than a few days; and after a long spell 6f living apart, an action for dissolution was instituted by the wife against the husband. The matrimonial court should, and I did, suggest to counsel, in vain though, to persuade the parties to repair the broken bond. Unhappily irreversible changes in the conjugal chemistry baulked the effort, the husband having taken another to wife and the latter having wed again after dissolution was granted in appeal. And thus their hearts are pledged to other partners! The prospect of bringing together the sundered ends of the conjugal knot being absent a dec





























































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