CHETANDASS versus KAMLA DEVI

CHETANDASS versus KAMLA DEVI

The appellant-husband's misconduct in maintaining an adulterous relationship with a nurse was established; therefore, the respondent-wife's refusal to cohabit did not amount to desertion, and the appellant could not be allowed to take advantage of his own wrong. Divorce cannot be granted solely on the ground of irretrievable breakdown in these circumstances.

Parties
Appellant: Chetan Dass; Respondent: Kamla Devi
Jurisdiction
India
Judgment Date
17 April 2001
Procedural Posture
Civil Appeal / Supreme Court Appeal From Rajasthan High Court (s.b.c. Misc. No. 116 of 1989, Decided 15.1.96)
Outcome
Appeal dismissed with costs
Legal Topics
Divorce, Restitution of Conjugal Rights, Adultery, Desertion, Irretrievable Breakdown of Marriage
Family Law Divorce Restitution of Conjugal Rights Adultery Desertion Irretrievable Breakdown of Marriage

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Parties

Chetan Dass

Appellant

Kamla Devi

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Rajasthan High Court (s.b.c. Misc. No. 116 of 1989, Decided 15.1.96)

Legal Issues

  1. 1 Whether decree of divorce can be granted on the ground of irretrievable breakdown of marriage
  2. 2 Whether the respondent-wife deserted the appellant-husband without reasonable cause
  3. 3 Whether the husband is taking advantage of his own wrong as per Section 23 Hindu Marriage Act

Ratio Decidendi

The appellant-husband's misconduct in maintaining an adulterous relationship with a nurse was established; therefore, the respondent-wife's refusal to cohabit did not amount to desertion, and the appellant could not be allowed to take advantage of his own wrong. Divorce cannot be granted solely on the ground of irretrievable breakdown in these circumstances.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal is dismissed.
  • Costs assessed as Rs. 10,000 payable by appellant.