Topic: Sandhya Rani v. Kalyanram Narayanan

Court reiterated and took the view that since the parties are living separately for the last more than three years, we have no doubt in our mind that the marriage between the parties has irretrievably broken down. There is no chance whatsoever of their coming together. Therefore, the Court in such cases, grant the decree of divorce.

Sandhya Rani v. Kalyanram Narayanan
Equivalent citations: 1994 SCC, Supl. (2) 588 - Bench: Kuldip Singh (J), Yogeshwar Dayal (J) - Citation: 1994 Scc Supl. (2) 588 - Date Of Judgment: 10/01/1994

ORDER

1.We have heard the parties in person.     Learned counsel for the parties have also assisted us.     It is not disputed that the parties are living separately for the last    more than three years. We have no doubt in our mind that     the marriage between the parties has irretrievably broken down. There is no chance whatsoever of their coming together.     The parties     have made joint request.-for mutual divorce.     The written     request by the parties has been Placed on     the record.     In order to     do complete justice    between     the parties, we are inclined to grant decree in divorce on     the following agreed terms:

"1. The respondent Kalyanram Narayanan gives up all his claims in respect of plot No.     119 in V.G.P. Pushpa Nagar which is in the name of the petitioner Sandhya Rani. The said    plot measures 3200 sq. yds.;

2. Two-third share in the said plot shall go to Kartak Narain son born out ofwedlock. The remaining 1/3 share shall be owned by     the petitioner Sandhya Rani;

3. The     title    deed in respect of.'     the property     has been handed over to     the petitioner Sandhya Rani; and

4.the petitioner Sandhya Rani shall not claim any maintenance past or    future,     for herself or for her son Kartak Narain from     the respondent."

2.We grant decree for divorce in the above terms. The Divorce     Petition No.    O.P. 1019 of    1992 filed by     the respondent (husband) pending before the Principal Family Court,    Madras shall stand disposed in the above terms.     No costs.