SWARAJYA LAKSHMI Vs. G G PADMA RAO

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment and order dated July 22, 1969 of the High Court of Judicature, Andhra Pradesh at Hyderabad in connection with a petition filed by respondent Dr. G. G. Padma Rao against the appellant Swarajya Lakshmi under Section 13 (1) (iv) of the Hundu Marriage Act, 1955 for the dissolution of the marriage between them by a decree of divorce on the ground that the appellant had for a period of not less than three years immediately preceding the presentation of the petition been suffering from a virulent and incurable form of leprosy. The appellant and the respondent were married on June 17, 1963. The appellant was then 20 and the respondent, her husband, was 28 years of age. The appellant, we are told, was taken away by her parents to New Delhi only two days after the marriage. She returned to Hyderabad to live with her husband only towards the end of August 1963. Almost immediately thereafter in the month of September her husband discovered that she was suffering both from Leprosy and Tuberculosis. He being a doctor started treating the wife immediately. Not content with his own treatment he consulted also two experts namely Dr. C. V. Ethirajulu and Dr. Shanti Narayan Mathur. At one point of time the respondent seriously contemplated admitting the appellant to leper home, but the appellant was taken away by her father to New Delhi in May 1964 as she was then expecting as child. On June 4, 1965 the respondent filed a petition under the Hindu Marriage Act (hereinafter referred to as the said Act) for dissolution of his marriage with the appellant. At the time of presenting this petition he made an application under Section 14 (1) of the said Act before the City Civil Court at Hyderabad for permission to present the petition before three years had elapsed from the date of the marriage on the ground that the case was one of exceptional hardship to the respondent. The permission was granted and the petition was thereafter heard on evidence. On February 22, 1966 the Second Additional Chief Judge, City Civil Court, Hyderabad who heard the petition passed an order by which he held (a) that Swarajya Lakshmi, the appellant, had been suffering from an incurable and virulent form of leprosy for a period not less than three years immediately preceding the presentation of the petition; but (b) that the petition was premature on the ground that the parties to the petition had not been husband and wife for a period of three years. The learned Second Additional Chief Judge dismissed the petition on these findings. The respondent thereupon went on appeal to the High Court of Andhra Pradesh. A Division Bench heard that appeal. By an order dated July 22, 1969 the Division Bench allowed the appeal, set aside the order of the court below and granted a decree for divorce in favour of the respondent under Sec. 13 (1) (iv) of the said Act. From this judgement, appellant Swarajya Lakshmi has now come by special leave on appeal to this Court. The main controversy between the parties before us turned round the question: Was the leprosy of Swarajya Lakshmi of an incurable and virulent form Both parties seem to be agreed that Swarajya Lakshmi was suffering from the lepromatous form of leprosy. The respondent contends that this was an incurable and virulent form of leprosy while it was contended on behalf of the appellant that the leprosy she was suffering from was curable and in fact she was on the way to recovery when the petition for dissolution of marriage was presented. Both the contesting parties examined doctors in support of their respective contentions. The doctors agreed that "virulent" is not really a medical term. Apart from this the medical evidence on record is not very helpful in the sense that they cancel each other. But leprosy is such a well-known disease and there are such well-known medical experts on this subject who have recorded their views in print in a fairly convincing manner, that it is not impossible to come to a conclusion regarding the question whether the appellant's leprosy was of the incurable and virulent type.

(2.) Before considering the medical authorities on the subject we should consider the scope and intent of the provisions of the Hindu Marriage Act under which leprosy may sometimes be a good ground of divorce. Section 13 (1) of the said Act is in the following terms:

(3.) In construing these provisions one has to remember that divorce is not generally favoured or encouraged by courts and is permitted only for very serious and grave reasons. This will become obvious if we compare the provisions set out above with the corresponding provisions for judicial separation. Section 10 of the Hindu Marriage Act permits judicial separation on ground of leprosy but the conditions are far less stringent. Section 10 (1) of the said Act runs as follows: