VISHWANATH S/O SITARAM AGRAWAL versus SAU. SARLA VISHWANATH AGRAWAL

Citation: [2012] 7 S.C.R. 607 · Decided: 04-07-2012 · Supreme Court of India · Bench: DEEPAK VERMA · Disposal: Appeal(s) allowed

Cited by 6 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

[2012] 7 S.C.R. 607 
VISHWANATH S/O SITARAM AGRAWAL 
v. 
SAU. SARLA VISHWANATH AGRAWAL 
(Civil Appeal No. 4905 of 2012) 
JULY 4, 2012 
[DEEPAK VERMA AND DIPAK MISRA, JJ.] 
Hindu Marriage Act, 1955 - s. 13(1)(ia) - Divorce petition 
filed by husband - On ground of cruelty - Held: The conduct 
A 
8 
of the wife and circumstances of the case make it graphically C 
clear that the wife had really humiliated the husband and 
caused him mental cruelty - Her conduct clearly exposits that 
it resulted in causing agony and anguish in the mind of the 
husband - The wife publicised in the newspapers that the 
husband was a womaniser and a drunkard - She made wild o 
allegations about his character - She made an effort to 
prosecute him in criminal litigations which she failed to prove 
- The cumulative effect of the evidence brought on record 
clearly establish a sustained attitude of causing humiliation 
and calculated torture on the part of the wife to make the life 
E 
of the husband miserable - Behaviour of the wife was cruel -
The husband felt humiliated both in private and public life -
He was treated as an unperson - It created a dent in his 
reputation - With this mental pain, agony and suffering, the 
husband cannot be asked to put up with the conduct of the 
F 
wife and to continue to live with her - Therefore, appel/ant-
husband entitled to decree for divorce. 
Family law - Matrimonial proceedings - Divorce petition 
- Events subsequent to filing of divorce petition - Held: Can 
be taken into consideration. 
G 
Family law - Matrimonial proceedings - Divorce -
Permanent Alimony - Grant of - Factors to be considered -
Held: Permanent alimony is to be granted taking into 
consideration the social status, the conduct of the parties, the 
607 
. 
H 
608 
SUPREME COURT REPORTS 
[2012] 7 S.C.R. 
A way of living of the spouse and such other ancillary aspects -
In the instant case, keeping in view the totality of the 
circumstances and the social strata from which the parties 
come from and regard being had to the business prospects 
of the appellant-husband, permanent alimony fixed at Rs.50 
B lacs. 
Family law - Matrimonial proceedings - Witness -
Interested/related witnesses - Testimony of - Veracity - Held: 
In a matrimonial dispute, it would be inappropriate to expect 
outsiders to come and depose - The family members and 
C sometimes the relatives, friends and neighbours are the most 
natural witnesses - The veracity of the testimony is to be 
tested on objective parameters and not to be thrown overboard 
on the ground that the witnesses are related to either of the 
spouse. 
D 
Words and Phrases - Expression 'cruelty' - Meaning of -
Held: The expression has an inseparable nexus with human 
conduct or human behaviour - It is always dependent upon 
the social strata or the milieu to which the parties belong, their 
ways of life, relationship, temperaments and emotions that 
E have been conditioned by their social status. 
Constitution of India, 1950 - Article 136 - Interference by 
Supreme Court with concurrent findings of fact - When 
permissible - Held: Supreme Court in exercise of power u/ 
F Article 136 can interfere with concurrent findings of fact, if the 
conclusions recorded by the High Court are manifestly 
perverse and unsupported by the evidence on record - Any 
finding not supported by evidence or inference drawn in a 
stretched and unacceptable manner can be said to be 
G perverse. 
The appellant-husband filed a petition for divorce 
under Section 13(1)(ia) of The Hindu Marriage Act, 1955 
contending that the respondent-wife had treated him with 
cruelty. It was the case of the appellant that respondent 
H did not know how to conduct herself as a wife and 
VISHWANATH S/O SITARAM AGRAWAL v. SAU. 
609 
SARLA VISHWANATH AGRAWAL 
daughter-in-law and despite persuasion, her behavioural 
A 
pattern remained unchanged; that whim and irrationality 
reigned in her day-to-day behaviour; that the birth of their 
two sons had no impact on her conduct; that the 
behaviour of respondent with the relatives and guests 
endangered the social reputation of the family and that 
B 
apart, she did not have the slightest respect for 
appellant's mother despite the old lady being a patient of 
diabetes and hyper tension, and that after the death of 
appellant's mother, the respondent made the life of the 
appellant all the more troublesome. The appellant c 
contended that on certain occasions the respondent 
used to hide or crumple

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