Hindu Marriage Act, 1955 — Section 13(1)(ia) & (ib) — Cruelty and desertion — Proof —
Findings of Family Court, affirmed by High Court, that conduct of wife amounted to cruelty and desertion — Based on appreciation of oral and documentary evidence including complaints, conduct towards husband and children, and prolonged separation — Findings upheld as not perverse.
(Paras 5–7, 9)
Divorce — Concurrent findings of fact — Interference by Supreme Court —
Where findings of cruelty and desertion are based on evidence and affirmed by courts below, Supreme Court will not interfere in absence of perversity or legal error.
(Paras 7, 10)
Matrimonial dispute — Conduct of parties — Relevance —
Conduct such as:
- persistent quarrels,
- abusive behaviour towards spouse and family,
- strained relations with children, and
- withdrawal from matrimonial home
constitutes relevant material for determining cruelty and desertion.
(Paras 5–6, 9)
Divorce — Long separation — Effect —
Prolonged separation between parties indicates breakdown of matrimonial relationship and supports grant of decree of divorce.
(Para 8)
Maintenance — Post-divorce — Enhancement —
Where lump sum maintenance awarded by Family Court found inadequate, Supreme Court may grant monthly maintenance to ensure continued financial support — Accordingly, ₹10,000 per month awarded.
(Para 11)
RATIO DECIDENDI
Concurrent findings of cruelty and desertion based on appreciation of evidence cannot be interfered with in absence of perversity; prolonged matrimonial discord and separation justify dissolution of marriage, and the Court may mould relief to ensure adequate post-divorce maintenance.
RESULT
- Appeal disposed of
- Decree of divorce affirmed
- Maintenance modified to ₹10,000 per month
(Paras 11–12)
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