CHANDRA MOHINI SRIVASTAVA versus AVINASH PRASAD SRIVASTAVA & ANR.

CHANDRA MOHINI SRIVASTAVA versus AVINASH PRASAD SRIVASTAVA & ANR.

The High Court erred in granting a decree of divorce under section 13(1)(viii) as amended; such decree cannot be granted without first granting judicial separation and satisfying statutory conditions. Further, the evidence relied upon does not establish adultery, and condonation is established by the respondent's conduct post alleged incident, thus barring relief under the Act.

Parties
Appellant: Chandra Mohini Srivastava; Respondent: Avinash Prasad Srivastava; Co Respondent: Chandra Prakash Srivastava
Jurisdiction
India
Judgment Date
13 October 1966
Procedural Posture
Civil Appeal / Appeal by Special Leave Against Judgment and Order of the Allahabad High Court Dated January 7, 1964
Outcome
Appeal allowed
Legal Topics
Divorce, Judicial Separation, Condonation, Adultery, Special Leave to Appeal
Family Law Divorce Judicial Separation Condonation Adultery Special Leave to Appeal

Case Brief

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Parties

Chandra Mohini Srivastava

Appellant

Avinash Prasad Srivastava

Respondent

Chandra Prakash Srivastava

Co Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave Against Judgment and Order of the Allahabad High Court Dated January 7, 1964

Legal Issues

  1. 1 Whether the appellant was living in adultery after marriage
  2. 2 Whether High Court was correct in granting divorce under section 13(1)(viii) as amended by U.P. Act
  3. 3 Whether condonation was established under section 23(1)(b) Hindu Marriage Act

Ratio Decidendi

The High Court erred in granting a decree of divorce under section 13(1)(viii) as amended; such decree cannot be granted without first granting judicial separation and satisfying statutory conditions. Further, the evidence relied upon does not establish adultery, and condonation is established by the respondent's conduct post alleged incident, thus barring relief under the Act.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court granting divorce set aside
  • Order of trial court rejecting the petition of the first respondent restored