Hindu Law – Divorce – Cruelty – Subsequent conduct – Continued allegations and litigative proceedings – Irretrievable breakdown of marriage – Parties living separately from the date of marriage for almost 20 years – Appellant-husband had remarried after grant of divorce by trial court – Divorce decree set aside by appellate court – Held: The marriage never took off from the first day and was never consummated – Continuing acts of respondent-wife amounted to cruelty even if the same had not arisen as a cause prior to institution of the divorce petition – Her conduct showed disintegration of marital unity and thus disintegration of the marriage – All mediation efforts had failed – Divorce granted not only in exercise of powers u/Art. 142 of the Constitution on account of irretrievable breakdown of marriage, but also on account of cruelty u/s.13(1)(i-a) of the Hindu Marriage Act, 1955 in light of subsequent conduct of respondent-wife during pendency of judicial proceedings at various stages – Hindu Marriage Act, 1955 – s.13(1)(i-a) – Constitution of India, 1950 – Art. 142.

Hindu Law – Divorce – Cruelty – Mental cruelty – Wife filing multiple cases in courts against the husband – Held: Such repeated filing of cases itself amounts to mental cruelty.

Hindu Law – Divorce – Irretrievable breakdown of marriage as a ground for divorce – Legislature’s reluctance to introduce irretrievable breakdown as a ground for divorce, even though there may have been a change in social norms over a period of time – In appropriate cases, Supreme Court has granted decrees of divorce exercising its unique jurisdiction u/Art.142 of the Constitution, to do complete justice between the parties – Constitution of India, 1950 – Art. 142.