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Raman Aggarwal vs Shweta Aggarwal on 22 August, 2014

Bench: Ranjana Prakash Desai, N.V. Ramana

  ITEM NO.29                            COURT NO.6                 SECTION XIV

                              S U P R E M E C O U R T O F      I N D I A
                                      RECORD OF PROCEEDINGS

  Petition(s) for Special Leave to Appeal (C)                 No(s).   10747/2014

  (Arising out of impugned final judgment and order dated 01/11/2013
  in MATA No. 24/2004 passed by the High Court Of Delhi At N. Delhi)

  RAMAN AGGARWAL                                                    Petitioner(s)

                                               VERSUS

  SHWETA AGGARWAL                                                   Respondent(s)


  Date : 22/08/2014 This petition was called on for hearing today.


  CORAM :                   HON'BLE MRS. JUSTICE RANJANA PRAKASH DESAI
                            HON'BLE MR. JUSTICE N.V. RAMANA


  For Petitioner(s)               Mr. Anjani Kumar Mishra ,Adv.


  For Respondent(s)               Mr. Pukhrambam Ramesh Kumar ,Adv.
                                  Mr. Vishesh Issan, Adv.


                         UPON hearing the counsel the Court made the following
                                            O R D E R

Respondent-wife filed a divorce petition on the ground of impotency. The Trial Court granted divorce and the High Court affirmed the divorce decree. Hence the petitioner-husband is before us.

We are informed that the respondent-wife is married and she has two children. We are not inclined to disturb the impugned order. The petitioner is appearing-in-person. We notice that though the petitioner had filed written statement, at the crucial stage of the proceedings, he was not present. He states that the observations of the Court relating to his impotency are coming in Signature Not Verified his way and they may be deleted.

It was pointed out to us that the petitioner's medical examination was not conducted by any Gulshan Kumar Arora Date: 2014.08.27 17:08:26 IST doctor.

Reason:

In the peculiar facts of the case, since the petitioner had not appeared in the proceedings at the crucial stage, we hold that the observations of the Court below as regards the impotency of the petitioner shall not be treated as conclusive on that  2 issue. We, however, make it clear that the decree of divorce has assumed finality and it is confirmed by us. We have passed this order because of the request made by the petitioner that the observations relating to impotency are operating as a stigma on his character and because the petitioner made it very clear to us that he has no objection to the divorce decree being confirmed. We, therefore, expect the petitioner not to take advantage of this order at any point of time and disturb the life of the respondent.

The special leave petition is disposed of in the aforesaid terms.

    (Gulshan Kumar Arora)                  (Indu Pokhriyal)
        Court Master                         Court Master