LexK. SRINIVAS RAO versus D.A. DEEPA
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A B [2013] 2 S.C.R. 126 K. SRINIVAS RAO v. D.A. DEEPA (Civil Appeal No. 1794 of 2013) FEBRUARY 22, 2013 [AFTAB ALAM AND RANJANA PRAKASH DESAI, JJ.] Hindu Marriage Act, 1955: c ss.13(1)(i-a) and (b) - Petition for dissolution of marriage on grounds of cruelty and desertion - 'Cruelty' - Explained - Held: In the instant case, the conduct of respondent-wife in filing a complaint making unfounded, indecent and defamatory allegation against her mother-in-law, in filing 0 revision seeking enhancement of the sentence awarded to the appellant-husband, and filing and pursuing litigations against appellant-husband and his parents indicates that she made all attempts to ensure that he and his parents are put in jail and he is removed from his job - There is no manner of doubt E that this conduct has caused mental cruelty to appellant- husband - The parties are living separately for more than ten years - This separation has created an unbridgeable distance between the two - The marriage has irretrievably broken down - In the circumstances, the marriage between the appel/ant- husband and the respondent-wife is dissolved by a decree of F divorce - Keeping in view the circumstances of both, the appellant is directed to pay to the respondent-wife permanent alimony. G H Alternative Dispute Resolution: Mediation - Held: Mediation as a method of alternative dispute resolution has got legal recognition - Therefore, at the earliest stage i.e. when the dispute is taken up by the Family Court or by the court of first instance for hearing, it 126 K. SRINIVAS RAO v. D.A. DEEPA 127 must be referred to mediation centres - Matrimonial disputes A particularly those relating to custody of child, maintenance, etc. are preeminently fit for mediation - s. 9 of Family Courts Act enjoins upon Family Court to make efforts to settle the matrimonial disputes - Family Courts shall make all efforts to settle matrimonial disputes through mediation - In B appropriate cases, criminal courts should also direct parties to explore possibility of settlement through mediation - In suitable cases of non-compoundable offences u/s 498 -A /PC, parties can approach High Court and get the complaint quashed - Mediation Centers shall also set up pre-litigation c desks/clinics - Fmily Courts Act, 1984 - s.9. The marriage between the appellant-husband and the respondent-wife was solemnized on 25.4.1999 as per Hindu rites and customs. On the following day disputes arose between the elders on both sides. On 27.4.1999, D the respondent was taken by her parents to their house. On 4.10.1999, the respondent lodged a complaint against the appellant before the Women Protection Cell alleging inter alia, that he was harassing her for more dowry. In the said complaint a defamatory allegation was made E against the mother of the appellant. The said complaint and the subsequent protest petitions led to the conviction of the appellant for the offence punishable uls 498-A IPC. His parents were, however, acquitted. The appellant filed an appeal. However, the respondent kept on to pursue F the proceedings at higher forums. The respondent also filed a petition uls 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights before the Family Court. The appellant filed a counter-claim seeking dissolution of marriage on the ground of cruelty and desertion uls G 13(1)(i-a) and (b) of the Hindu Marriage Act, 1955. The Family Court dismissed the petition for restitution of conjugal rights and granted decree of divorce. However, the High Court allowed the appeal of the wife and set ~'ide the decree of divorce granted in favour of the H 128 SUPREME COURT REPORTS [2013] 2 S.C.R. A husband. Disposing of the appeal, the Court HELD: 1.1 Under s.13(1)(i-a) of the Hindu Marriage Act, 1955, a marriage can be dissolved by a decree of B divorce on a petition presented either by the husband or the wife on the ground that the other party has, after solemnization of the marriage, treated the petitioner with cruelty. Cruelty is evident where one spouse has so treated the other and manifested such feelings towards C her or him as to cause in her or his mind reasonable apprehension that it will be harmful or injurious to live with the other spouse. Cruelty may be physical or mental. In a given case, while staying away, a spouse can cause mental cruelty to the other spouse by sending vulgar and D defamatory lett
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