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Supreme Court of India · 03/03/2020

MANGAYARKARASI versus M. YUVARAJ

[2020] 2 S.C.R. 1036 · 2020 INSC 259

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Summary

The Supreme Court restored dismissal of the husband’s divorce petition and the wife’s decree for restitution of conjugal rights. The High Court wrongly treated his acquittal in a later criminal case as a substantial question of law establishing cruelty, although that allegation was not the pleaded and tried basis of divorce. Acquittal does not automatically justify dissolution. The Court also declined to dissolve the marriage under Article 142 on the particular facts.

Issues

  1. Whether a second appeal could grant divorce on the basis of a later criminal acquittal outside the pleaded and tried cruelty claim.
  2. Whether prolonged separation justified dissolution in these circumstances.

Held

Result

Wife’s appeals allowed; High Court judgment set aside and trial judgments dismissing the divorce petition and granting restitution of conjugal rights, as affirmed on first appeal, restored. No costs; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2020] 2 S.C.R. 1036.