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SH. RAKESH RAMAN vs. SMT. KAVITA

SCR Citation: [2023] 3 S.C.R. 552
Year/Volume: 2023/ Volume 3
Date of Judgment: 26 April 2023
Petitioner: SH. RAKESH RAMAN
Disposal Nature: Appeal Allowed
Neutral Citation: 2023 INSC 433
Judgment Delivered by: Hon'ble Mr. Justice Sudhanshu Dhulia
Respondent: SMT. KAVITA
Case Type: CIVIL APPEAL /2012/2013
Order/Judgment: Judgment
1. Headnote

Hindu Marriage Act, 1955: s. 13(1)(ia) and (ib) – Divorce – Grounds of cruelty and desertion – Marital discord between the parties – Petition for dissolution of marriage by the husband on the ground that the wife treated him with cruelty and deserted him,that there was no co-habitation between the parties, and that the wife had filed multiple false and frivolous criminal cases against him – Trial court passed a decree of divorce holding that the wife had deserted the husband and had meted out cruel behaviour against him – However, the High Court set aside the order – On appeal, held: There are bitter allegations of cruelty and desertion from both the sides, the marital relationship has broken down irretrievably, there is a long separation of 25 years, absence of cohabitation, no child out of the wedlock, with multiple court cases between the parties – Repeated efforts for reconciliation by the Courts has failed – Marital relationship which has only become more bitter and acrimonious over the years, does nothing but inflicts cruelty on both the sides – To keep the facade of this broken marriage alive would be doing injustice to both the parties – Marriage being irretrievably broken down spells cruelty, thus, a ground for dissolution of marriage u/s.13(1)(ia) – Judgement by the High Court set aside and decree of divorce is granted.

2. Case referred
3. Act
  • Hindu Marriage Act, 1955 (25 of 1955)
4. Keyword
  • Hindu Marriage Act
  • 1955
  • s. 13(1)(ia) and (ib)
  • Divorce
  • Grounds of cruelty and desertion
  • Marital discord between the parties