VidhiSangh

Supreme Court of India · 26/04/2023

SH. RAKESH RAMAN versus SMT. KAVITA

[2023] 3 S.C.R. 552 · 2023 INSC 433

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Summary

A husband's divorce petition on grounds of cruelty and desertion was decreed by the trial court but dismissed by the Delhi High Court, which held that the wife's filing of criminal complaints did not amount to cruelty. The Supreme Court restored the decree, holding that where the spouses had lived apart for 25 years with no child, repeated failed mediation and multiple criminal cases all ending in discharge or acquittal, the marriage had irretrievably broken down and its continuation itself amounted to cruelty to both parties under Section 13(1)(ia) of the Hindu Marriage Act; it granted divorce subject to permanent alimony of Rs. 30 lakh.

Issues

  1. Whether the repeated filing of criminal complaints by one spouse against the other, all ending in discharge or acquittal, amounts to cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
  2. Whether a marriage that has irretrievably broken down, with 25 years of separation, no cohabitation and no prospect of reconciliation, can be dissolved on the ground of cruelty even though irretrievable breakdown is not itself a statutory ground.
  3. What permanent alimony should accompany the decree.

Provisions considered

Held

Result

Appeal allowed; High Court's order set aside and the trial court's decree upheld on different grounds; marriage dissolved by decree of divorce, effective only on the husband depositing Rs. 30,00,000 as permanent alimony with the Registry within four weeks, to be disbursed to the wife after verification.

Judgment PDF: Supreme Court of India, [2023] 3 S.C.R. 552.