T. Srinivasan Vs. T. Varalakshmi (Mrs.) On 22 January, 1998

Q: Q. What are the equivalent citations for T. Srinivasan vs T. Varalakshmi (Mrs.) ?

The equivalence citation areAIR 1999 SC 595 ; (1998) 3 SCC 112 ; (1998) 2 MLJ 123 (SC) ; 1998 (1) CTC 629 ; JT 1998 (4) SC 312 ; LQ/SC/1998/104 ;

Q: Q. What was the bench assigned for the case T. Srinivasan vs T. Varalakshmi (Mrs.)?

HONBLE MR. JUSTICE K.T. THOMAS ; HONBLE CHIEF JUSTICE MR. M. M. PUNCHI ; HONBLE MR. JUSTICE M. SRINIVASAN ;

iDraf

Decision

Open iDraf

T. Srinivasan v. T. Varalakshmi (mrs.)

T. Srinivasan
v.
T. Varalakshmi (mrs.)

(Supreme Court Of India)

Civil Appeals Nos. 4904-05 of 1990 | 22-01-1998

1. The finding recorded by the courts below is that the husband obtained a decree for restitution of conjugal rights not to act in obedience thereof but, on the other hand, to keep the wife deprived of her right to perform her conjugal duties. The wife made a demand of the husband to let her join him but he refused to allow her enter the house, rather he drove her away as also her relatives, whoever attempted to rehabilitate the wife. These acts of the husband were positive wrongs amounting to "misconduct", uncondonable for the purposes of Section 23(1)(a) of the Hindu Marriage Act, 1955. Hence, he was rightly denied relief under Section 13(1-A) of the said Act. The appeals, therefore, fail and are hereby dismissed

2. It is stated by learned counsel for the respondent that a sum of Rs. 3000 lies deposited with the Registry towards costs of these appeals. Learned counsel says that the same be remitted to the wife-respondent directly by the Registry. It is so ordered.

Advocates List

For the Appearing Parties ---

Bench List

HON'BLE MR. JUSTICE K.T. THOMAS

HON'BLE CHIEF JUSTICE MR. M. M. PUNCHI

HON'BLE MR. JUSTICE M. SRINIVASAN

Eq Citation

AIR 1999 SC 595

(1998) 3 SCC 112

(1998) 2 MLJ 123 (SC)

1998 (1) CTC 629

JT 1998 (4) SC 312

LQ/SC/1998/104

HeadNote

Hindu Marriage Act, 1955 — Ss. 13(1-A) and 23(1)(a) — Section 13(1-A) — Relief under, denied — Husband obtaining decree for restitution of conjugal rights not to act in obedience thereof but, on the other hand, to keep the wife deprived of her right to perform her conjugal duties — Wife made a demand of the husband to let her join him but he refused to allow her enter the house, rather he drove her away as also her relatives, whoever attempted to rehabilitate the wife — These acts of the husband were positive wrongs amounting to "misconduct", uncondonable for the purposes of S. 23(1)(a) — Hence, he was rightly denied relief under S. 13(1-A) — Costs of the appeals remitted to the wife-respondent — Evidence Act, 1872, S. 14