Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Hindu Marriage Act s.13(1)(ia) - Divorce on ground of cruelty 1955 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Hindu Marriage Act, 1955: s.13(1)(ia) - Divorce on ground of cruelty - Filing of false criminal complaint by wife against husband and other family members of husband amounts to cruelty - The husband can claim dissolution of marriage even when one such complaint is made.Allowing the appeal, the CourtHELD: 1. Irretrievable breakdown of marriage as a ground for divorce has not found statutory acceptance till date. Under Articie 142 of the Constitution, the Supreme Court has plenary powers “to pass such decree or make such order as is necessary for doing complete justice in any case or order pending before it”. This power, however, has not been bestowed by our Constitution on any other Court. The Law Commission of India in its Reports in-1978 as well as in 2009 has recommended the introduction of irretrievable breakdown of marriage as a ground for dissolution of marriage; the Marriage Laws (Amendment) Bill of 2013 incorporating the ground has even received the assent of the Rajya Sabha. It is, however, highly debatable whether, in the Indian situation, where there is rampant oppression of women, such a ground would. at all be expedient. But that controversy will be considered by the Lok Sabha. [Para 3] [301-G-H; 302-A-C]2. The respondent-wife has admitted in her cross- examination that she did not mention all the incidents on which her complaint is predicated, in her statement under Section 161 of the Cr.P.C. it was not her case that she had actually narrated all these facts to the Investigating Officer, but that he had neglected to mention them. This clearly indicated that the criminal complaint was a contrived afterthought. The view of the High Court that the criminal compiaint was “ill advised” is affirmed. Adding thereto is the factor that the High Court had been informed of the acquittal of the appellant-husband and members of his family. In these circumstances, the High Court ought to have concluded that the respondent-wife knowingly and inténtionally filed a false complaint, calculated to embarrass and incarcerate the appellant and seven members of his family and that such conduct unquestionably constitutes cruelty as postulated in Section 13(1)(ia) of the Hindu Marriage Act. The respondent-wife had filed a false criminal complaint, and even one such complaint is sufficient to constitute matrimonial cruelty. The marriage of the parties is dissolved under Section 13(1) (ia) of the Act. [Paras 5, 7 and 8] [303-B-E; 304-A-B] |
Judge | Hon'ble Mr. Justice Vikramajit Sen |
Neutral Citation | 2014 INSC 791 |
Petitioner | K. Srinivas |
Respondent | K. Sunita |
SCR | [2014] 11 S.C.R. 298 |
Judgement Date | 2014-11-19 |
Case Number | 1213 |
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