JAYASHREEversusM. SRINIVASA MURTHY
- Citation
- 1995 INSC 459
- Decided
- 14 August 1995
- Disposal
- Disposed off
Holding
The court held that the divorce petition stands dismissed and the two‑year period is the outer limit for the parties to sort out their problems while allowing them to live together.
Summary
In a transfer petition filed by the wife seeking to transfer her pending divorce petition, the court directed the parties to attempt reconciliation. The husband and wife settled their differences and the wife agreed to join her husband within two years after resolving her property issues in another city. The court considered whether it could impose a time limit for the settlement and allow the couple to cohabit during that period. Relying on its powers under Article 139A(1) of the Constitution and Section 25 of the CPC, the court held that a two‑year period is an outer limit for sorting out problems and that the couple may live together, especially during school vacations. Consequently, the transfer petition was disposed of and the original divorce petition was dismissed.
Issues considered
- Whether the transfer petition seeking to move the divorce proceedings should be dismissed on account of the parties' settlement.
- Whether the court can impose a two‑year period as an outer limit for the parties to resolve their issues and cohabit.
Legislation cited
- Code of Civil Procedure, 1908s. Section 25
- Constitution of Indias. Article 139A(1)
Subjects
Judgment
JAYASHREE A
v
M. SRINIVASA MURTHY
AUGUST 14, 1995
[K. RAMASWAMY AND B.L. HANSARIA, JJ.] B
Family Law:
Trans/er petition by wife seeking trans/er of divorce petition-On Cowt's
pursuation the couple settled their differences and wife agreed to join her C
husband within two years-Held, two years will be outer limit for sorting the
problems-Meanwhile also couple can live together.
In the transfer petition filed before this Court by the wife seeking
transfer of the divorce petition, pursuant the directions of this Court, the
couple settled their differences and the wife agreed to join her husband D
within two years after sorting out her property problems in the other city.
Disposing of the transfer petition, this Court
HELD : The period of two years will be an outer limit for sorting out
the problems. Meanwhile also the couple can live together, in particular, E
during the school vacations of the children. The Divorce Petition stands
dismissed. [698-B)
CIVIL APPELLATE JURISDICTION: Transfer Petition (C) No.
270of1994.
:..J F
Under Article 139A(l) of the Constitution of India/Under Section
25 Civil Procedure Code.
·~
S.K. Kulkarni and Ms. Sangeeta Kumar for the Petitioners.
Ms. J.S. Wad and Ms. Usha Reddy for the Respondents. G
The following Order of the Court was delivered :
We are happy to note that pursuant to the directions of this Court,
petitioner-wife and the respondent-husband have settled their differences
and agreed to live together. They have stated in a written memo filed in H
697
698 SUPREME COURT REPORTS [1995) SUPP. 2S.C.R.
A this Court that they have sorted out their problems and agreed to live
together at Hyderabad. It is also agreed that the wife would join her
husband within two years from August 4, 1995, or. as early as may be after
sorting out her property problems at Bangalore.
It is stated that appropriate direction may also be given by this Court.
B We say that the period of two years will be an outer limit for sorting the
problems and for living at Hyderabad. In the meanwhile also, they can live
together, in particular, during the school vacations of the children.
The Transfer Petition is accordingly disposed of. The Divorce Peti-
tion stands dismissed.
R.P. Petition disposed of.
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