LexAMUTHA versus A.R. SUBRAMANIAN
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[2024] 12 S.C.R. 755 : 2024 INSC 1033 Amutha v. A.R. Subramanian (Civil Appeal No. 2643 of 2023) 19 December 2024 [Vikram Nath* and Prasanna B. Varale, JJ.] Issue for Consideration The appellant-wife herein is challenging the grant of divorce. Headnotes† Hindu Marriage Act, 1955 – s.13(1)(ia) and (ib) – Cruelty and desertion – The High Court found that the respondent- husband had sufficiently established the grounds of cruelty and desertion u/s.13(1)(ia) and (ib) of HMA – It held that the appellant’s false criminal complaint and her indifference to reconciliation efforts caused significant mental agony to the respondent, amounting to cruelty – Additionally, her prolonged separation without reasonable cause constituted desertion – Thus, the High Court dissolved the marriage – Correctness: Held: One of the primary grounds for the dissolution of the marriage is the appellant’s conduct, which constitutes mental cruelty u/s.13(1)(ia) of HMA – The respondent has provided sufficient evidence to show that the appellant was engaged in a pattern of behavior that caused him immense mental and emotional distress – This included filing false and baseless criminal complaints against the respondent and his family, which not only strained their relationship but also caused significant damage to his reputation and peace of mind – The appellant’s conduct falls squarely within the definition of mental cruelty – Moreover, the evidence suggests that the appellant’s actions were not isolated incidents but formed a pattern of behavior that made cohabitation impossible – The fact that the parties have been living separately for two decades now further reinforces the conclusion that the marriage is no longer viable – The length of separation and the evident animosity between the parties make it clear that there is * Author 756 [2024] 12 S.C.R. Supreme Court Reports no possibility of the marriage being revived – The evidence in the present case points unequivocally to an irretrievable breakdown of the marriage – The appellant’s insistence on reconciliation appears to be more of a strategy to prolong the proceedings rather than a genuine effort to revive the relationship – In matrimonial disputes, this Court has emphasized the need to prioritize welfare and dignity of both parties – In view of the above, this Court upholds the judgment of the High Court granting a decree of divorce to the respondent – The appellant’s submissions are rejected as lacking in merit, both on procedural and substantive grounds – However, while granting the decree of divorce, it is deemed appropriate to award permanent alimony to the appellant wife and the parties’ daughter – The respondent husband is directed to pay a sum of Rs. 50,00,000/- to the appellant as permanent alimony and an additional Rs. 50,00,000/- to their daughter for her education and future expenses, such as her marriage.[Paras 27, 28, 29, 30, 33, 34, 35, 36, 40] Case Law Cited Naveen Kohli v. Neelu Kohli [2006] 3 SCR 53 : (2006) 4 SCC 558; Samar Ghosh v. Jaya Ghosh [2007] 4 SCR 428 : (2007) 4 SCC 511; State of Rajasthan & Ors. v. Shiv Dayal & Anr [2019] 10 SCR 243 : (2019) 8 SCC 637; N.G. Dastane v. S. Dastane [1975] 3 SCR 967 : (1975) 2 SCC 326; V. Bhagat v. D. Bhagat [1993] Supp. 3 SCR 796 : (1994) 1 SCC 337; K. Srinivas Rao v. D.A. Deepa [2013] 2 SCR 126 : (2013) 5 SCC 226; Ashok Hurra v. Rupa Bipin Zaveri [1997] 2 SCR 875 : (1997) 4 SCC 226; Shilpa Sailesh v. Varun Sreenivasan [2023] 5 SCR 165 : (2022) 15 SCC 754; Kiran Jyot Maini v. Anish Pramod Patel [2024] 7 SCR 942 : (2024) SCC OnLine SC 1724; Rajnesh v. Neha [2020] 13 SCR 1093 : (2021) 2 SCC 324 – referred to. List of Acts Hindu Marriage Act, 1955; Code of Civil Procedure, 1908. List of Keywords Divorce; Cruelty; Mental cruelty; Desertion; Prolonged separation; Animus deserendi; Reconciliation; Frivolous legal proceedings; Irretrievable breakdown of marriage; Permanent alimony; Child’s education and future expenses. [2024] 12 S.C.R. 757 Amutha v. A.R. Subramanian Case Arising From CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2643 of 2023 From the Judgment and Order dated 08.06.2018 of the High Court of Judicature at Madras at Madurai in CMSA (MD) No. 34 of 2014 Appearances for Parties Mrs. V Mohana, R. Nedumaran, Sr. Advs., C Rajaram, Ms. S. Ramamani, Ms. Shashi Panwar, Advs. for the Appellant. Ms. Haripriya Padmanaban, Sr. Adv., S. Prabu Ramasubramanian, Raghunatha Sethupathy
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