U. SREE versus U. SRINIVAS

Citation: [2012] 11 S.C.R. 256 · Decided: 11-12-2012 · Supreme Court of India · Bench: K.S. RADHAKRISHNAN · Disposal: Dismissed

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Judgment (excerpt)

A 
B 
[2012) 11 S.C.R. 256 
U. SREE 
v. 
U. SRINIVAS 
(Civil Appeal Nos. 8927-8928 of 2012) 
DECEMBER 11, 2012 
[K.S. RADHAKRISHNAN AND DIPAK MISRA, JJ.] 
Hindu Marriage Act, 1955 - s.13(1)(ia) - Divorce - Grant 
of - In favour of husband - On ground of "mental cruelty" -
C Justification - Held: Justified - Respondent-husband, who 
pursued a career in music, clearly deposed about the 
constant and consistent ill-treatment meted out to him by the 
wife as she showed her immense dislike to his "sadhna" 
(routine practice and teaming of music under the guidance 
o of his father who was a/so his "guru" in "the Guru-Sishya 
Parampara" i.e. the tradition of teacher and disciple), and 
exhibited total indifference and, in a way, contempt to the 
tradition of teacher and disciple - Graphical demonstration 
given by husband that the wife did not show the slightest 
E concern for his public image on many occasions by putting 
him in a situation of embarrassment leading to humiliation -
She made wild a/legations about conspiracy in the family of 
her husband to get him re-married for the greed of dowry 
without an iota of evidence on record to substantiate the same 
F - This was an aspersion not only on the character of the 
husband but also a maladroit effort to malign the reputation 
of his family - Respondent-husband clearly proved his case 
of mental cruelty which was the foundation for seeking 
divorce. 
G 
Hindu Marriage Act, 1955 - s.25 - Permanent alimony -
Grant of - Held: While granting permanent alimony, no 
arithmetic formula can be adopted - It shall depend upon the 
status of the parties, their respective social needs, the 
H 
256 
U. SREE v. U. SRINIVAS 
257 
financial capacity of the husband and other obligations - The 
A 
duty of the Court is to see that the wife lives with dignity and 
comfort and not in penury - The living need not be luxurious 
but simultaneously the wife should not be left to live in 
discomfort -. The Court has to act with pragmatic sensibility -
On facts, respondent-husband himself asserted that he had 
B 
earned name and fame in the world of music and had been 
performing concerts in various parts of India and abroad -
Regard being ,had to the status of the husband, the social 
strata to which the parties belong and further taking note of 
earlier orders of Supreme Court in this case, permanent c 
alimony fixed at Rs.50 lacs, to be deposited before the trial 
court, out of which Rs. 20 lacs to be kept in a fixed deposit in 
the'name of the minor child of the parties in a nationalized 
bank - Clarification given trat any amount deposited earlier 
shall stand excluded. 
Practice and Procedure - Divorce petition by husband -
On ground of cruelty - Conclusion recorded by courts below 
relating to desertion by the wife - Held: Uable to be overturned, . 
since there was no prayer or pleading with regard to desertion 
D 
in the divorce petition. 
E 
Evidence Act, 1872 - s.65 - Secondary evidence relating 
to contents of a document - Admissibility - Discussed. 
Constitution of India, 1950 - Article 136 - Interference 
under, with concurrent findings of fact - Scope - Discussed. 
F 
The appellant-wife had instituted a petition under 
Section 9 of the Hindu Marriage Act, 1955 for restitution 
of conjugal rights against the respondent-husband. The 
respondent-husband on the other hand filed a petition 
G 
under Sections 13(1)(ia), 26 and 27 of the Hindu Marriage 
Act read with Section 7 of the Family Courts Act, 1984 
inter alia praying for dissolution of marriage. 
The respondent-husband, in his petition for divorce 
H 
258 
SUPREME COURT REPORTS 
[2012) 11 S.C.R. 
A and while resisting the stand taken by the appellant-wife 
in her petition for restitution of conjugal rights, inter alia 
pleaded that after abandoning formal education, he 
pursued a career in music treating it as a concept of 
· 'bhakti' (devotion); that he had to continue his 'sadhana' 
B (practice and learning of music) as a daily routine under 
the guidance of his father who was also his "guru" in "the 
Guru-Sishya Parampara" (tradition of teacher and 
disciple); that the aforesaid aspect of his life was not liked 
by his wife and she always interrupted the practice 
c sessions hurling abuses at him; that despite his best 
efforts to make his wife understand the family tradition 
and show reverence to the seniors in the sphere of music, 
she remained obstinate in her attitude and chose to 
cause him not only embarrassment in pub

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