Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Hindu Marriage Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Hindu Marriage Act, 1955 (25 of 1955) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Hindu Marriage Act, 1955: ss.13(1)(i-a) and (b) - Petition for dissolution of marriage on grounds of cruelty and desertion - 'Cruelty' - Explained - Held: In the instant case, the conduct of respondent-wife in filing a complaint making unfounded, indecent and defamatory allegation against her mother-in-law, in filing revision seeking enhancement of the sentence awarded to the appellant-husband, and filing and pursuing litigation against appellant-husband and his parents indicates that she made all attempts to ensure that he and his parents are put in jail and he is removed from his job - There is no manner of doubt that this conduct has caused mental cruelty to appellant- husband - The parties are living separately for more than ten years - This separation has created an unbridgeable distance between the two - The marriage has irretrievably broken down - In the circumstances, the marriage between the appellant- husband and the respondent-wife is dissolved by a decree of divorce - Keeping in view the circumstances of both, the appellant is directed to pay to the respondent-wife permanent alimony. Alternative Dispute Resolution: Mediation - Held: Mediation as a method of alternative dispute resolution has got legal recognition - Therefore, at the earliest stage i.e. when the dispute is taken up by the must be referred to mediation centres - Matrimonial disputes particularly those relating to custody of child, maintenance, etc. are preeminently fit for mediation - s. 9 of Family Courts Act enjoins upon Family Court to make efforts to settle the matrimonial disputes - Family Courts shall make all efforts to settle matrimonial disputes through mediation - In appropriate cases, criminal courts should also direct parties to explore possibility of settlement through mediation - In suitable cases of non-compoundable offences u/s 498 -A IPC, parties can approach High Court and get the complaint quashed - Mediation Centers shall also set up pre-litigation desks/clinics - Family Courts Act, 1984 - s.9.The marriage between the appellant-husband and the respondent-wife was solemnized on 25.4.1999 as per Hindu rites and customs. On the following day disputes arose between the elders on both sides. On 27.4.1999, the respondent was taken by her parents to their house. On 4.10.1999, the respondent lodged a complaint against the appellant before the Women Protection Cell alleging inter alia, that he was harassing her for more dowry. In the said complaint a defamatory allegation was made against the mother of the appellant. The said complaint and the subsequent protest petitions led to the conviction of the appellant for the offence punishable u/s 498-A IPC. His parents were, however, acquitted. The appellant filed an appeal. However, the respondent kept on to pursue the proceedings at higher forums. The respondent also filed a petition u/s 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights before the Family Court. The appellant filed a counter-claim seeking dissolution of marriage on the ground of cruelty and desertion u/s13(1)(i-a) and (b) of the Hindu Marriage Act, 1955. The Family Court dismissed the petition for restitution of conjugal rights and granted decree of divorce. However, the High Court allowed the appeal of the wife and set aside the decree of divorce granted in favour of the husband. |
Judge | Hon'ble Ms. Justice Ranjana Prakash Desai |
Neutral Citation | 2013 INSC 122 |
Petitioner | K. Srinivas Rao |
Respondent | D.a. Deepa |
SCR | [2013] 2 S.C.R. 126 |
Judgement Date | 2013-02-22 |
Case Number | 1794 |
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