Supreme Court of India
Principle laid down in Chandra Kala Trivedi versus Dr. SP Trivedi, MANU/SC/0563/1993 : (1993) 4 SCC 232.
Referred in. Sarita vs. Vikas Kanaujia (22.08.2019 – ALLHC)
The decree of divorce on the ground that the marriage had been irretrievably broken down can be granted in those cases where both the parties have levelled such allegations against each other that the marriage appears to be practically dead and the parties can not live together.
2. Both the appellant (wife) and the respondent (husband) come of middle class families. Their father were vaid by profession. The husband while he was doing Internship at the J.J. Hospital, Bombay, was married to the appellant and from their wedlock a daughter was born who admittedly is now married. difference appear to have arisen sometime in late seventies nine years -after marriage due to alleged intimacy of the husband with another lady doctor which ultimately led to filing the petition for divorce by the husband on ground of cruelty. When written statement was filed and allegations of adultery were made against the husband he set up a case of undesirable association of his wife with young boys. Unfortunately for the appellant even the Matrimonial Court which dismissed the petition found that her behaviour was not of a Hindu married woman. Whether the allegation of the husband that she was in the habit of associating with young boys and the “findings recorded by the three courts are correct or not but what is certain is that once such allegations are made by the husband and wife as have been made in this case then it is obvious that the marriage of the two cannot in any circumstances be continued any further. The marriage appears to be practically dead as from cruelty alleged by the husband it has turned out to be at least intimacy of the husband with a lady doctor and unbecoming conduct of a Hindu wife.
