MANJULA Vs. K R MAHESH

JUDGEMENT

(1.) 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 grooms 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 ones 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.

(2.) 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.

(3.) 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.