Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1955 Divorce Hindu Marriage Act Marital discord between the parties s. 13(1)(ia) and (ib) Grounds of cruelty and desertion |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Hindu Marriage Act, 1955 (25 of 1955) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Hindu Marriage Act, 1955: s. 13(1)(ia) and (ib) – Divorce – Grounds of cruelty and desertion – Marital discord between the parties – Petition for dissolution of marriage by the husband on the ground that the wife treated him with cruelty and deserted him,that there was no co-habitation between the parties, and that the wife had filed multiple false and frivolous criminal cases against him – Trial court passed a decree of divorce holding that the wife had deserted the husband and had meted out cruel behaviour against him – However, the High Court set aside the order – On appeal, held: There are bitter allegations of cruelty and desertion from both the sides, the marital relationship has broken down irretrievably, there is a long separation of 25 years, absence of cohabitation, no child out of the wedlock, with multiple court cases between the parties – Repeated efforts for reconciliation by the Courts has failed – Marital relationship which has only become more bitter and acrimonious over the years, does nothing but inflicts cruelty on both the sides – To keep the facade of this broken marriage alive would be doing injustice to both the parties – Marriage being irretrievably broken down spells cruelty, thus, a ground for dissolution of marriage u/s.13(1)(ia) – Judgement by the High Court set aside and decree of divorce is granted. |
Judge | Hon'ble Mr. Justice Sudhanshu Dhulia |
Neutral Citation | 2023 INSC 433 |
Petitioner | Sh. Rakesh Raman |
Respondent | Smt. Kavita |
SCR | [2023] 3 S.C.R. 552 |
Judgement Date | 2023-04-26 |
Case Number | 2012 |
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