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october 1973

Supreme Court of India · 1973-10-19

SWARAJYA LAKSHMI vs G. G. PADMA RAO

Citation / case number
SC 1970/60199
Court
Supreme Court of India
Petitioner
SWARAJYA LAKSHMI
Respondent
G. G. PADMA RAO
Bench
MUKHERJEA, B.K.

Judgment text excerpt

The Supreme Court upheld the High Court's decree granting divorce under Section 13(1)(iv) of the Hindu Marriage Act, 1955, on the grounds that the appellant was suffering from a virulent and incurable form of leprosy for over three years. The Court clarified that 'virulent' is not a medical term but refers to a serious and contagious form of leprosy, which is recognized as incurable despite advances in treatment. The Court emphasized that the welfare of the spouses and children is paramount, and motives for seeking divorce should not influence the decision.

SWARAJYA LAKSHMI vs G. G. PADMA RAO · Niyam