Summary
The Supreme Court declined to disturb a decree of divorce on the ground of cruelty, given the long separation, failed mediation and irretrievable breakdown of the marriage, and, the wife having confined her claim to her daughter's marriage expenses, directed the husband to pay Rs.10,00,000 towards them as part of his duty as a parent.
Issues
- Whether the decree of divorce granted by the Family Court on the ground of cruelty and affirmed by the High Court called for interference.
- Whether the husband should be directed to contribute towards the marriage expenses of the parties' daughter, and in what amount.
Provisions considered
- Section 13(1)(ia), Hindu Marriage Act, 1955The husband's petition sought divorce on the ground that the wife had treated him with cruelty; the Family Court granted the decree and the High Court affirmed it, holding that lodging false complaints amounted to cruelty. The Supreme Court did not re-examine the finding but declined to interfere in view of the long separation and irretrievable breakdown, the appeal being pressed only for a monetary claim. (¶¶ 3.2, 3.6, 3.7, 7)
Held
- Where the parties had lived apart since about 2009, mediation before the Court had failed, the marriage had broken down irretrievably and the wife pressed her appeal only for a limited monetary claim, there was no reason to interfere with the concurrent decree of divorce. (¶¶ 7, 12)
- Despite conflicting stands on the husband's income, the Court was satisfied on the record that he was able to provide for his daughter's marriage. Meeting the reasonable marriage expenses of a daughter is a natural extension of a father's duty to provide for his children, irrespective of differences with the spouse, and the husband was directed to contribute Rs.10,00,000. (¶¶ 8, 9, 10)
Result
Appeals disposed of; decree of divorce affirmed subject to the husband paying Rs.10,00,000 to the wife towards the daughter's marriage expenses by 15th October 2025, failing which the Registry is to revive the appeals; the wife to furnish bank details.