Summary
The Supreme Court declined to disturb concurrent findings of cruelty and desertion on which the Family Court granted, and the High Court affirmed, a decree of divorce to the husband, as they were findings of fact without perversity; but in the interest of complete justice it directed the husband to pay the wife Rs.10,000 per month as maintenance in place of reconsidering the lump sum awarded.
Issues
- Whether the concurrent findings of the Family Court and the High Court that the wife's conduct amounted to cruelty and desertion warranted interference.
- Whether the financial support awarded to the wife on the grant of divorce required reconsideration.
Provisions considered
- Section 13(1)(ia) and 13(1)(ib), Hindu Marriage Act, 1955The husband sought divorce on the grounds of cruelty and desertion. The Court noted that both courts below, on the evidence (including the wife's undertaking after a complaint by her mother-in-law, the son's testimony and strained relations with the children), found cruelty and withdrawal from the husband's society without reasonable cause, and held these were findings of fact not shown to be perverse. (¶¶ 3.6, 5, 6, 7, 9, 10)
Held
- The findings of cruelty and desertion recorded by the Family Court and affirmed by the High Court were findings of fact based on appreciation of evidence; no perversity having been shown, the Supreme Court would not take a different view. (¶¶ 7, 9, 10)
- The marriage of 2002, with the parties admittedly living apart since 2018, showed a bond broken beyond repair with no possibility of resumed cohabitation. (¶ 8)
- Though the decree of divorce was upheld, the Court, to secure continued financial support for the wife and in the interest of complete justice, directed the husband to pay her Rs.10,000 per month as maintenance from the date of its order, the Family Court having awarded a lump sum of Rs.6,00,000. (¶ 11)
Result
Appeal disposed of; decree of divorce affirmed; respondent-husband directed to pay the appellant-wife Rs.10,000 per month as maintenance from the date of the order; pending applications disposed of.