SUPREME COURT OF INDIA
Manjula
Vs
K.R. Mahesh
Transfer Petition (Civil) 947 of 2005
(Arijit Pasayat and S. H. Kapadia, JJ)
11.07.2006
ARIJIT PASAYAT, J.
Marriages are made in heaven, is an adage. A bride leaves the parental home for
the matrimonial home, leaving behind sweet memories there with a hope that she
will see a new world full of love in her groom's house. She leaves behind not
only her memories, but also her surname, gotra and maidenhood. She expects not
only to be a daughter-in-law, but a daughter in fact. But the large number of
cases flooding the courts with allegations of torture, harassment for dowry,
saddens one's heart. Where lies the fault? Is it lack of communication or
adjustment? Or, is it the victory of greed and materialistic needs over love,
affection and human values? The answer is difficult to find. There is another
angle involved. The evil design to harass the in-laws over petty things by
making accusations of dowry demand and torture. In such cases, the vital
question again is whether laws which are really dynamic instruments fashioned
by society for the purpose of achieving human relations by elimination of
social tensions and conflicts have achieved the intended objectives or are
being used as weapons of an assassin to harass and humiliate others instead of
being used as a shield against injustice.
There is another social angle involved. When the parents fight out their
marital disputes, sometimes acrimoniously, the child who have nothing to do
with the fight and is the ultimate victim watches helplessly. The fight goes on
unmindful of the fact that in future the child carries the tag of being one of
a broken family. It is more stigmatic for a girl child. The stigma becomes more
visible when her marriage is thought of in later years. This reality of life
is, in most cases, lost sight of. But sometimes the parties take note of this
reality and for the sake of the child iron out their differences.
During the hearing of the transfer petition a suggestion was given by learned
counsel for the parties that the marriage has become irretrievably broken and
keeping in view the welfare of their daughter it would be better if the
petition for divorce filed by the respondent is allowed, after making
sufficient arrangement for the welfare of the daughter.
The petitioner and the respondent entered into wedlock on 28.11.1994 and the
daughter was born on 30.12.1995. Thereafter it appears that cracks stared
appearing in the marital relations and a series of litigation has resulted. In
fact, on the basis of a prayer for maintenance, the Family Court at Mumbai has
granted maintenance at the rate of Rs.1500/- per month. The respondent has
filed a petition for divorce on various grounds. Attempts have been made by
learned counsel for the parties to see whether the differences can be ironed
out. But the result appears to have been negative. Thereafter the suggestion as
noted above has been given. The respondent has stated that he is willing to pay
a sum of rupees seven lakhs so that by part of it the education of the daughter
who is presently staying with the petitioner can be taken care of and balance
money can be spent to meet the marriage expenses when she reaches the
marriageable age. On the contrary the petitioner has stated that the amount
offered by the respondent is low. It has been stated that the respondent may
deposit Rs.8.5 lakhs in the name of the daughter which can be invested in the
Kisan Vikas Patras to ensure that after 12 years the said amount becomes
roughly about rupees 20 lakhs. In addition, the respondent should pay such
amount which by investment can fetch interest of about Rs.3, 500/- per month
for the daughter's education presently, and Rs.6, 000/- per month for higher
education. It is submitted Kisan Vikas Patras carries interest @ 8.4% while the
bank fixed deposit rate is around 6.5%.
Respondent pointed out that investment in M/s Aviva Insurance Company by paying
annual premium of Rs.30, 000/- for a period of 12 years will fetch assured sum
on maturity Rs.8, 70, 000/- with a three years lock in period. It is submitted
on deposit of Rs.3.60 lakhs in bank account of ABN Amro Bank in a unit linked
policy of AVIVA called "Save Guard Policy" shall bring in Rs.5, 08,
182/- for a deposit of 10 years.
We find that acceptedly the marriage has irretrievably broken down and there
would be no point in making an effort to bring about a conciliation between the
parties. However, the welfare of the daughter is of paramount importance and
the parties appear to have re-conciled to this position.
We have considered the suggestion given by the parties. We direct as follows:-
1. A sum of rupees five lakhs shall be kept in fixed deposit in a nationalized
bank initially for a period of 5 years with monthly interest withdrawal to meet
the educational expenses of the child.
2. A sum of Rs.3, 60, 000/- will be deposited in the name of the child Anugraha
Mahesh represented by the mother guardian Manjula, the petitioner, in a bank
account with ABN Amro Bank in a Unit Linked Policy of AVIVA for a period of 12
years. As noted above, it has been indicated in the documents filed by the
respondent that after a period of 12 years the assured sum upon maturity would
be Rs.8, 70, 000/- with a three year lock in period.
The respondent shall file an undertaking before the concerned Trial Court that
in case there is a shortfall in the assured sum, the respondent shall pay the
balance amount to the petitioner. The deposit shall be made within a period of
six months.
On the deposit being made in the indicated manner the suit for divorce filed by
the respondent in the Family Court, Chennai (OP No. 1857 of 2005) shall be
treated to be a joint petition for divorce, on the basis of mutual consent and
appropriate decree shall be passed. The allegations made in the petition for
divorce shall be treated to be inconsequential in view of the fact that divorce
shall be granted on mutual consent.
The transfer petition is accordingly disposed of.