U. SREE versus U. SRINIVAS

A decree of divorce is affirmed in favour of the respondent-husband on the ground of mental cruelty, based on sustained and consistent ill-treatment by the wife, public humiliation, and unfounded allegations which were substantiated by admissible evidence other than the excluded letter. Permanent alimony is fixed at Rs 50 lacs, with Rs 20 lacs to be kept in a fixed deposit for the minor child.

Parties: Appellant Wife: U. Sree; Respondent Husband: U. Srinivas
Jurisdiction: India
Judgment Date: 11 December 2012
Procedural Posture: Civil Appeal / Supreme Court Final Appeal
Outcome: Appeals dismissed; decree for dissolution of marriage affirmed on ground of mental cruelty.
Legal Topics: Divorce, Mental Cruelty, Permanent Alimony, Evidence, Desertion

Family Law Divorce Mental Cruelty Permanent Alimony Evidence Desertion

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 32 Party arguments 2 Amounts and remedies 3

Parties

U. Sree

Appellant Wife

U. Srinivas

Respondent Husband

Procedural Posture

Civil Appeal / Supreme Court Final Appeal

Legal Issues

1 Whether the respondent-husband is entitled to divorce on the ground of mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955?
2 Admissibility of secondary evidence under Section 65 of the Evidence Act regarding alleged letter written by wife.
3 Proper grant of permanent alimony under Section 25 of the Hindu Marriage Act, 1955.

Ratio Decidendi

Court Disposition

Appeals dismissed; decree for dissolution of marriage affirmed on ground of mental cruelty.

Orders

Decree for dissolution of marriage affirmed only on the ground of mental cruelty.
Permanent alimony fixed at Rs 50 lacs; Rs 20 lacs to be kept in fixed deposit for minor child.