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2000 Supreme(MP) 515

DIPAK MISRA
SAMEERAN ROY – Appellant
Versus
LEENA ROY – Respondent


Advocates Appeared:
A.K.JAIN, GIRISH SHRIVASTAVA

DEEPAK MISRA, J.

( 1 ) MARRIAGE has a different concept in Hindu religion and philosophy. It is a sacrament and not a contract. Two souls unite into one and a complete whole is created. The union of two hearts makes marriage a success. A successful marriage is built upon the infrastructure of mutual trust, respect, love, sacrifice and service. Once this infrastructure is shaken or dwindled the equillibrium is disturbed and the relationship between spouses results into one of misery and gives rise to inferior endowments of nature. The private secrets become public and abuses are hurled in law courts. Tie and the bond become weaker day by day and the protagonists behave as characters of a drama full of emotions which are some times uncontrollable. The case at hand depicts a picture of perverse anger and an attempt to slap the other at the most delicate spot. The couple have converted the Court room to a stage and conceived of dialogues according to their insensitive feelings. The scene is quite unpleasant.

( 2 ) TO begin the narration of the case which involves an interesting point of law, apart from facts, is as follows :the non-applicant/wife filed an application under Section 13 of












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