K. SRINIVAS RAO versus D.A. DEEPA

K. SRINIVAS RAO versus D.A. DEEPA

The conduct of the respondent-wife in making unfounded, indecent, and defamatory allegations, pursuing legal proceedings against the appellant-husband and his family, and attempting to have him removed from employment constituted extreme mental cruelty. The parties lived separately for more than ten years, creating unbridgeable distance. The marriage had irretrievably broken down. Therefore, a decree of divorce was warranted with permanent alimony awarded to the respondent-wife.

Parties
Appellant Husband: K. Srinivas Rao; Respondent Wife: D.A. Deepa
Jurisdiction
India
Judgment Date
22 February 2013
Procedural Posture
Civil Appeal / Appeal by Special Leave Against Judgment and Order Dated 08.11.2006 of Andhra Pradesh High Court in C.m.a. No. 797/03
Outcome
Appeal allowed. Impugned judgment set aside. Marriage dissolved by decree of divorce.
Legal Topics
Divorce, Cruelty, Desertion, Permanent Alimony, Mediation, Restitution of Conjugal Rights
Family Law Divorce Cruelty Desertion Permanent Alimony Mediation Restitution of Conjugal Rights

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Parties

K. Srinivas Rao

Appellant Husband

D.A. Deepa

Respondent Wife

Procedural Posture

Civil Appeal / Appeal by Special Leave Against Judgment and Order Dated 08.11.2006 of Andhra Pradesh High Court in C.m.a. No. 797/03

Legal Issues

  1. 1 Whether the conduct of the respondent-wife constitutes mental cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955
  2. 2 Whether the parties' prolonged separation constitutes grounds for divorce
  3. 3 Whether irretrievable breakdown of marriage can be considered for divorce

Ratio Decidendi

The conduct of the respondent-wife in making unfounded, indecent, and defamatory allegations, pursuing legal proceedings against the appellant-husband and his family, and attempting to have him removed from employment constituted extreme mental cruelty. The parties lived separately for more than ten years, creating unbridgeable distance. The marriage had irretrievably broken down. Therefore, a decree of divorce was warranted with permanent alimony awarded to the respondent-wife.

Court Disposition

Appeal allowed. Impugned judgment set aside. Marriage dissolved by decree of divorce.

Orders

  • Appellant-husband shall pay respondent-wife permanent alimony of Rs.15,00,000 in three instalments.
  • Family Courts and criminal courts directed to refer matrimonial disputes to mediation centres at earliest stage; mediation centres to set up pre-litigation desks/clinics.