SH. RAKESH RAMAN versus SMT. KAVITA

SH. RAKESH RAMAN versus SMT. KAVITA

Where husband and wife had lived separately for about 25 years, with no cohabitation, no child of marriage, multiple litigations between them and repeated failed efforts at reconciliation, the matrimonial bond had irretrievably broken down; such long separation, absence of cohabitation and bitter acrimony constitute cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955, and justify a decree of divorce; accordingly the High Court order was set aside, trial court order upheld, and decree of divorce granted with permanent alimony directed.

Parties
Appellant/husband: Sh. Rakesh Raman; Respondent/wife: Smt. Kavita
Jurisdiction
India
Judgment Date
26 April 2023
Procedural Posture
Civil Appeal / Appeal to Supreme Court Final Hearing and Judgment
Outcome
Appeal allowed; Order of the High Court set aside; decree of divorce granted to the appellant and trial court order upheld (though on different grounds).
Legal Topics
Divorce, Cruelty, Desertion, Irretrievable Breakdown of Marriage, Alimony, Mediation/conciliation
Family Law Divorce Cruelty Desertion Irretrievable Breakdown of Marriage Alimony Mediation/conciliation

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Parties

Sh. Rakesh Raman

Appellant/husband

Smt. Kavita

Respondent/wife

Procedural Posture

Civil Appeal / Appeal to Supreme Court Final Hearing and Judgment

Legal Issues

  1. 1 Whether the respondent treated the appellant with cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955
  2. 2 Whether the respondent deserted the appellant within the meaning of Section 13(1)(ib) of the Hindu Marriage Act, 1955
  3. 3 Whether long separation and irretrievable breakdown can be read as cruelty under Section 13(1)(ia)

Ratio Decidendi

Where husband and wife had lived separately for about 25 years, with no cohabitation, no child of marriage, multiple litigations between them and repeated failed efforts at reconciliation, the matrimonial bond had irretrievably broken down; such long separation, absence of cohabitation and bitter acrimony constitute cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955, and justify a decree of divorce; accordingly the High Court order was set aside, trial court order upheld, and decree of divorce granted with permanent alimony directed.

Court Disposition

Appeal allowed; Order of the High Court set aside; decree of divorce granted to the appellant and trial court order upheld (though on different grounds).

Orders

  • Order of the High Court dated 08.04.2011 set aside
  • Decree of divorce granted to the appellant/husband; marriage dissolved