SMT. SUNITA KEJRIWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner's marriage with the respondent no. 4 has lasted in excess of 28 years. She is also the mother of a girl child, aged about 26 years, born in her wedlock with the respondent no. 4. It appears that the relation between the petitioner and the respondent no. 4 somehow turned sour. Disputes and differences having cropped up led the respondent no. 4 to institute Matrimonial Suit No. 1299 of 2013 before the court of the Additional District Judge at Barrackpore, North 24 Parganas, seeking divorce. The petition filed under section 13(1) of the Hindu Marriage Act, 1955 (hereafter the 'Act') alleges cruelty of the petitioner in treating the respondent no.4 as a ground for grant of divorce.

(2.) The petitioner has, inter alia, challenged the constitutional validity of section 13(1) of the Act.

(3.) Mr. Bhattacharya, learned counsel appearing for the petitioner contends that section 13(1) of the Act should be declared ultra vires Articles 14 and 21 of the Constitution, since section 13 does not take into consideration the plight of children of spouses who, being at loggerheads, seek detachment from one another once and for all. Referring to the girl child of the petitioner, an MBA student, it has been contended that the embarrassment she has to face at her age as a sequel to her parents being involved in a legal combat before a court of law is utterly distressing and disgraceful for her.