Complete justice between parties - Justice should appear same from angles of both the parties

Darshan Gupta v. Radhika Gupta, (2013) 9 SCC 1

Ss. 13(1)(i-a) & (iii) - Divorce - Grounds of cruelty and unsound mind/mental disorder of wife alleged by husband -
Allegations if made out - Cumulative effect of mental disorientation and intemperate/aggressive/erratic behaviour of wife
alleged by husband to be of such order and extent that husband could not reasonably be expected to live with her and
living with her would result in subjecting himself to cruelty - Wife had suffered brain damage and severe cognitive
deficiencies immediately after she was subjected to Caesarean operation for delivery of child - But according to opinion
of medical experts, by virtue of therapeutic and neuropsychological rehabilitation measures, she had recovered to a
considerable extent so much so that she finally had only mild to moderate cognitive deficiencies and moderate

intelligence - Experts further opined that she now exhibited normal emotional responses and was able to discharge her
matrimonial obligations, though she would have recovered a lot more had she got emotional support from her husband
which she did not get - No evidence to show wife's alleged intemperate/aggressive/erratic behaviour such as shouting
and screaming without provocation or cause, getting up at midnight and not allowing husband to sleep, etc. as alleged -
Held, grounds under Ss. 13(1)(i-a) & (iii) not made out - Hence, plea for divorce, rejected,
S. 13(1) - Divorce petition - Petitioner must approach court with clean hands - Grounds of divorce under S. 13(1) are
based on matrimonial offence or fault theory - It is only commission of matrimonial offence by one spouse that entitles the
other spouse to seek divorce - Hence if petitioner himself/herself is guilty or at fault, he/she would be disentitled to seek
divorce - Held, petitioner husband was disentitled to seek divorce on alleged grounds as he himself was responsible
therefor, 
S. 13(1) - Divorce - Ground of irretrievable breakdown of marriage - Not provided in HMA, 1955 - Whether divorce
decree can be granted on this ground, reiterated, is a questionable issue in view of Vishnu Dutt Sharma, (2009) 6 SCC
379 - Even otherwise, divorce decree cannot be granted on this ground in present case in view of the consistent stand
taken by opposite party (wife) that she earnestly desires to rejoin her husband and maintain a normal matrimonial
relationship, 
Art. 142 - Complete justice between parties - Concept of justice varies depending upon interest of parties - Generally,
matter should be adjudicated in accordance with law on basis of Court's conscience which itself simultaneously results in
doing justice between parties,
Art. 142 and Preamble - Complete justice between parties - Justice should appear same from angles of both the parties
- Dissolution of marriage - Invocation of Supreme Court's jurisdiction under Art. 142 to do complete justice between
parties by annulling their marriage on ground of marriage having irretrievably broken down - Respondent wife
consistently maintained her fervent desire to restore matrimonial relationship - Appellant husband's offer of compensation
to wife for agreeing to dissolution of marriage - Whether annulment of marriage on payment of compensation to wife
would amount to doing complete justice between parties - Question to be determined by posing a counter question
whether by putting husband in place of wife, under similar fact situation, husband would have accepted as just wife's
offer of compensation for dissolution of marriage - If answer is in negative (as found in present case), then exercise of
jurisdiction under Art. 142 for annulling marriage not called for, 
Jurisprudence
Justice - What is - Held, to constitute justice, the picture should appear to be the same, irrespective of the angle from
which it is viewed, 

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