SMT. CHANDRAKALA TRIVEDI versus DR. S.P. TRIVEDI

SMT. CHANDRAKALA TRIVEDI versus DR. S.P. TRIVEDI

The marriage between the parties has broken down irretrievably, with persistent allegations and bitterness, and cannot continue further. The Supreme Court, without interfering with the findings below, upheld the grant of divorce and directed provision for the appellant's maintenance and housing.

Source-derived case information.

Parties
Appellant: Smt. Chandrakala Trivedi; Respondent: Dr. S.P. Trivedi
Jurisdiction
India
Judgment Date
24 August 1993
Procedural Posture
Civil Appeal / Appeal From High Court Decree Granting Divorce
Outcome
appeal dismissed
Legal Topics
Divorce, Cruelty, Permanent Alimony, Marital Breakdown
Family Law Divorce Cruelty Permanent Alimony Marital Breakdown

Source-derived case record

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Parties

Smt. Chandrakala Trivedi

Appellant

Dr. S.P. Trivedi

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decree Granting Divorce

Legal Issues

  1. 1 Whether the grant of divorce on grounds of cruelty was justified
  2. 2 Whether High Court was correct in observing that matrimonial proceedings are quasi-criminal in nature

Ratio Decidendi

The marriage between the parties has broken down irretrievably, with persistent allegations and bitterness, and cannot continue further. The Supreme Court, without interfering with the findings below, upheld the grant of divorce and directed provision for the appellant's maintenance and housing.

Court Disposition

appeal dismissed

Orders

  • Respondent-husband directed to purchase a one-bedroom flat for appellant in Thane between Rs.3 to 4 lakhs and hand over vacant possession within six months.
  • Respondent to deposit Rs.2 lakhs in the appellant's name with the Family Court, Bombay.