MANJULAversusK.R. MAHESH

                                 MAN JU LA                                       A
                                     v.
                               K.R. MAHESH

                              JULY 11, 2006

              [ARIJIT PASA YAT AND S.H. KAPADIA, JJ.]                            B


      Matrimonial Law-Marital discord-Petition for divorce by husband in
 Family Court-Petition by wife in Supreme Court for transfer of the divorce
petition-Held, in view of the fact that marriage has irretrievably broken        C
down, the petition for divorce treated as joint petition for divorce on mutual
consent-Direction to husband to deposit certain amount in particular manner
for the welfare of the child of the parties-Code of Civil Procedure, 1908-
Section 25.

      Respondent-husband had filed a petition for divorce on various             D
grounds in Family Court, Chennai. Petitioner-wife filed transfer petition
in this Court for transfer of the case to the Court in Mumbai. During
hearing of the petition, a suggestion was given by the Counsel for the
parties that the marriage had irretrievably broken down and hence
keeping in view the welfare of their daughter, the petition for divorce
should be allowed after mrking sufficient arrangement for the welfare of         E
the daughter.

      Disposing of the transfer petition, the Court

     HELD: 1.The marriage has irretrievably broken down and there
would be no point in making an effort to bring about conciliation between        F
the parties. However, the welfare of the daughter is of paramount
importance and the parties appear to have re-conciled to this position.
                                                                  1408-A]

      2. A sum of rupees five lakhs shall be kept in fixed deposit in
nationalized bank initially for a period of S years with monthly interest        G
withdrawal to meet the educational expenses of the child. A sum of
Rs.3,60,000/- will be deposited in the name of the child in a bank account
in a Unit Linked Policy of AVIV A for a period of 12 years. 1408-B-CJ

                                     405                                         H
    406                       SUPREME COURT REPORTS [2006] SUPP. 3 S.C.R.

A         3. On the deposit being made in the indicated manner the suit for
    divorce filed by the respondent in the Family Court 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
B   be granted on mutual consent. [408-E-FI

            CIVIL ORIGINAL JURISDICTION: Transfer Petition (C) No. 947 of
    2005.

          Petition under Section 25 of the Code of Civil Procedure, 1908 for
C   transfer of the O.P. No. 1857 of2005 titled KR. Mahesh v. Manjula pending
    in the Family Court, Chennai (Tamil Nadu) to the Family Court at Mumbai
    (Maharashtra)

            Gaurav Agrawal and Akila Agarawal for the Petitioner.

            P.N. Puri for the Respondent
D
            The Judgment of the Court was delivered by

           ARIJIT PASA YAT, 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
E   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
F   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
G   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 an;;le involved. When the parents fight out their
H marital disputes, sometimes acrimoniously, the child who have nothing to do
                 MANJULA v. K.R. MAHESH [PASAYAT, J.]                        407

with the fight and is the ultimate victim watches helplessly. The fight goes         A
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.
                                                                                     B
      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.                              C
        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 D
 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 E
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 F
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%.
                                                                                     G
      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 AVIV A called "Save Guard Policy"               H
    408                     SUPREME COURT REPORTS [2006) SUPP. 3 S.C.R.

A 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.
B
          We have considered the suggestion given by the parties. We direct as
    follows:-

          I. 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
C   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
D   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
E   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
F   of the fact that divorce shall be granted on mutual consent.

          The transfer petition is accordingly disposed of.

    K.K.T.                                          Transfer Petition disposed of.