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1987 Supreme(SC) 852

B.C.RAY, K.JAGANNATHA SHETTY
Shobha Rani – Appellant
Versus
Madhukar Reddi – Respondent


Advocates:
B.PARTHASARTHY, K.K.GUPTA, K.V.SRI KUMAR, RAKESH GUPTA, S.Madhusudan Rao~

Judgment

JAGANNATHA SHETTY, J. :- We grant special leave and proceed to dispose of the appeal.

2. Shobha Rani is the appellant. Her husband is Madhukar Reddy who is respondent before us. The wife is postgraduate in biological sciences. The husband is a medical doctor. They were happily married on December 19, 1982. But their happiness did not last longer. They started exchanging letters with bitter feelings. Then they began to accuse each other. At one stage, they thought of winding up by mutual consent. It was perhaps out of disgust. It would have been better, if it had happened. But unfortunately, it did not materialise. Ultimately they landed themselves in the Court. The wife moved the Court for divorce on the ground of cruelty.

3. Before referring to further facts, let us consider the law. The cruelty simpliciter is now a ground for divorce under Sec. 13 of the Hindu Marriage Act (Act 25 of 1955). Section 13 provides, so far as it is material :

"13. Divorce.- , (1) Any marriage solemnized whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party .....

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