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Supreme Court Of India

(From : 1996 (1) Raj LW 416)

Hon'ble Judge(s): D. P. Mohapatra, Brijesh Kumar , JJ

Hindu Marriage Act (25 of 1955) , S.13, S.23— Relief of Divorce - Cannot be granted merely on ground that marriage has irretrievably broken down - Husband who committed wrong (leading adulterous life) cannot be given advantage of his own wrong and cannot be granted divorce on ground of desertion on part of his wife who is still prepared to live with him provided he snaps his relationship with other woman. Matrimonial matters are matters of delicate human and emotional relationship. It demands mutual trust, regard, respect, love and affection with sufficient play for reasonable adjustments with the spouse. The relationship has to conform to the social norms as well. The matrimonial conduct has now come to be governed by statute framed, keeping in view such norms and changed social order. It is sought to be controlled in the interest of the individuals as well as in broader perspective, for regulating matrimonial norms for making of a well knit, healthy and not a disturbed and porous society. Institution of marriage occupies an important place and role to play in the @page-SC1710 society, in general. Therefore, it would not be appropriate to apply any submission of "irretrievably broken marriage" as a straight jacket formula for grant of relief of divorce. This aspect has to be considered in the background of the other facts and c....