Hindu Marriage Act, 1956 – ss.13(1) (ia) and 13(1) (ib) – Divorce granted by Family Court holding that the conduct of the appellant-wife amounted to cruelty and that the respondenthusband had also succeeded in establishing desertion – Appeal preferred by the appellant was dismissed – High Court affirmed the findings recorded by the Family Court as also the decree of divorce – Interference with, if warranted: Held: No – Marriage between the parties was solemnized in the year 2002 and they have admittedly been living separately since 2018 – Matrimonial bond has broken down beyond repair and there is no possibility of resuming cohabitation – On facts, the conduct attributed to the appellant amounted to cruelty and she had withdrawn from the society of the respondent without reasonable cause – Findings recorded by Courts below are findings of fact based on appreciation of evidence – No perversity has been demonstrated so as to warrant any interference – However, respondent to pay a sum of Rs.10,000/- per month to the appellant towards maintenance, as opposed to a lump sum of Rs.6,00,000/as directed by the Family Court at the time of granting divorce. [Paras 7-9, 11]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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