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CASE NO.: Transfer Petition (civil)  947 of 2005

PETITIONER: Manjula

RESPONDENT: K.R. Mahesh

DATE OF JUDGMENT: 11/07/2006

BENCH: ARIJIT PASAYAT & S.H. KAPADIA

JUDGMENT: J U D G M E N T

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

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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

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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.