Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Hindu Marriage Act 1955 - s. 13(1 )(ia) - Dissolution of C marriage - Mental cruelty |
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) — Dissolution of marriage -— Mental crueity - Divorce petition filed by hus- band alleging cruelty by wife - Subsequently, wife filing for restitution of conjugal rights u/s. 9 and also sought mainte- nance — Trial court holding that wife was not entitled to res- titution of conjugal rights, ordered for dissolution of marriage and fixed maintenance at Rs, 25,0007 pm— However, High Court dismissed the petition for divorce holding that the al- legations amounted to the normal “wear and tear’ in life and allowed petition for restitution of conjugal rights - On appeal, held: Abusing the spouse as being born from a prostitute, summoning the police on false or flimsy grounds and mak- ing it impossible for any close relatives to visit or reside in the matrimonial home cannot be termed as “wear and tear’ of family life but would result in cruelty to the other spouse — Husband duly pleaded instances of mental cruelty which he proved in evidence and documents — Trial court exam- ined the same and came to the reasoned conclusion that the actions of the wife amounted to cruelty — Thus, the High Court was not justified in setting aside the conclusions ar- rived at by the trial court without giving substantiated rea- sons — Order passed by the High Court set aside and that of the trial court restored.. |
Judge | Hon'ble Mr. Justice Vikramajit Sen |
Neutral Citation | 2015 INSC 354 |
Petitioner | Vinod Kumar Subbiah |
Respondent | Saraswathi Palaniappan |
SCR | [2015] 5 S.C.R. 800 |
Judgement Date | 2015-04-24 |
Case Number | 5511-5512 |
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