ROMESH CHANDER versus SMT. SAVITRI

ROMESH CHANDER versus SMT. SAVITRI

In exercise of powers under Article 142 of the Constitution of India, a marriage that is dead emotionally and practically can be dissolved, subject to the appellant transferring the house to the respondent.

Parties
Appellant: Romesh Chander; Respondent: Smt. Savitri
Jurisdiction
India
Judgment Date
13 January 1995
Procedural Posture
Civil Appeal / Supreme Court Final Appeal From High Court Judgment
Outcome
Appeal disposed of. Marriage dissolved, subject to appellant transferring the house to the respondent within four months. Dissolution effective from transfer and handover of possession. Parties to bear their own costs.
Legal Topics
Dissolution of Marriage, Irretrievable Breakdown of Marriage, Article 142 of the Constitution of India
Family Law Constitutional Law Dissolution of Marriage Irretrievable Breakdown of Marriage Article 142 of the Constitution of India

Case Brief

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Parties

Romesh Chander

Appellant

Smt. Savitri

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Appeal From High Court Judgment

Legal Issues

  1. 1 Whether a marriage that is dead emotionally and practically should be dissolved
  2. 2 Whether the continuation of such a marriage constitutes cruelty

Ratio Decidendi

In exercise of powers under Article 142 of the Constitution of India, a marriage that is dead emotionally and practically can be dissolved, subject to the appellant transferring the house to the respondent.

Court Disposition

Appeal disposed of. Marriage dissolved, subject to appellant transferring the house to the respondent within four months. Dissolution effective from transfer and handover of possession. Parties to bear their own costs.

Orders

  • Marriage stands dissolved subject to appellant transferring house to respondent within four months.
  • Dissolution effective from date of transfer and handover of possession.