Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Hindu Marriage Act 1955 - ss.13(1)(ia) and 25 - Divorce - On ground of cruelty |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Hindu Marriage Act, 1955 - ss.13(1)(ia) and 25 - Divorce - On ground of cruelty - Mental cruelty - Divorce petition filed by respondent-husband dismissed by trial court - But allowed by High Court - Propriety - Held: Respondent-husband in his evidence narrated in detail, the incidents of alleged cruelty suffered by him - He was subjected to lengthy cross- examination but nothing came out which created doubt in his testimony - Appellant-wife denied allegations made by respondent-husband but in cross-examination she admitted that the marriage was not consummated - Not allowing a spouse for a Jong time, to have sexual intercourse by his or her psrtner, without sufficient reason, itself amounts to mental cruelty to such spouse - Illustrations of mental cruelty enumerated by Supreme Court in Samar Ghosh case, viz. illustrations No. (viii) and (xii), support the view taken by the High Court that respondent-wife treated her husband with mental cruelty - Divorce decree granted by High Court affirmed with further direction uls. 25 of the Hindu Marriage Act 4 that the respondent shall pay to the appellant Rs.40 /akhs as a /umpsum amount of permanent alimony - Family Courts Act, 1986 - s.19. |
Judge | Hon'ble Mr. Justice Prafulla Chandra Pant |
Neutral Citation | 2014 INSC 660 |
Petitioner | Vidhya Viswanathan |
Respondent | Kartik Balakrishnan |
SCR | [2014] 7 S.C.R. 1164 |
Judgement Date | 2014-09-22 |
Case Number | 9036 |
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