VidhiSangh

Supreme Court of India · 03/02/2022

N. RAJENDRAN versus S. VALLI

[2022] 16 S.C.R. 498 · 2022 INSC 140

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Summary

The Court affirmed that the husband had not proved cruelty and that the wife’s appeal was timely after excluding certified-copy time. Filing constituted presentation for Section 15, so his remarriage during that appeal contravened the provision. Nevertheless, after more than twenty-two years’ separation and finding no possibility of reunion, the Court dissolved the marriage under Article 142, conditioned on payment of Rs.20 lakh, preserving the son’s property rights and interim monthly support.

Issues

  1. Whether certified-copy time could be excluded for the wife’s Family Court appeal and whether filing constituted presentation.
  2. Whether cruelty justified divorce on the evidence.
  3. Whether Article 142 dissolution was appropriate despite the wife’s opposition and absence of fault.

Provisions considered

Held

Result

High Court’s rejection of cruelty and findings on the timely appeal affirmed. Marriage nevertheless dissolved under Article 142, conditioned on Rs.20 lakh payment within eight weeks; Rs.7,000 monthly continues until payment, and the son’s property rights remain protected.

Judgment PDF: Supreme Court of India, [2022] 16 S.C.R. 498.