VidhiSangh

Supreme Court of India · 19/12/2024

AMUTHA versus A.R. SUBRAMANIAN

[2024] 12 S.C.R. 755

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Summary

The Supreme Court upheld the High Court's decree of divorce granted to the husband in second appeal, holding that the wife's false and abandoned criminal complaints amounted to mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act and that two decades of separation showed an irretrievable breakdown of the marriage. It awarded lump-sum permanent alimony of Rs. 50 lakh to the wife and Rs. 50 lakh to the daughter.

Issues

  1. Whether the High Court exceeded its jurisdiction under Section 100 CPC in reversing the concurrent findings of the trial court and first appellate court that cruelty was not proved.
  2. Whether the wife's conduct, including filing and abandoning a dowry-harassment complaint, amounted to mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
  3. What weight prolonged separation and irretrievable breakdown of the marriage carry in deciding whether to dissolve it.
  4. Whether permanent alimony should be granted to the wife and the daughter though not specifically claimed.

Provisions considered

Held

Result

Appeal dismissed; decree of divorce upheld; husband directed to pay Rs. 50,00,000 to the wife as permanent alimony and Rs. 50,00,000 to the daughter within four months; no order as to costs.

Judgment PDF: Supreme Court of India, [2024] 12 S.C.R. 755.