SIVASANKARAN vs .SANTHIMEENAL(Civil Appeal Nos. 4984-4985 of 2021)
SEPTEMBER 13, 2021 [SANJAY KISHAN KAUL AND HRISHIKESH ROY, JJ.]
Irretrievable breakdown of marriage as a ground for divorce.
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.
- In the conspectus of all the aforesaid facts, this is one case
where both the ground of irretrievable breakdown of marriage and the
ground of cruelty on account of subsequent facts would favour the grant
of decree of divorce in favour of the appellant. - We are, thus, of the view that a decree of divorce dissolving
the marriage between the parties be passed not only in exercise of
powers under Article 142 of the Constitution of India on account of
irretrievable breakdown of marriage, but also on account of cruelty under
Section 13(1)(i-a) of the Act in light of the subsequent conduct of the
respondent during the pendency of judicial proceedings at various
stages. - The decree of divorce is, accordingly, passed. Marriage
stands dissolved. - The appeals are allowed in the aforesaid terms leaving the
parties to bear their own costs.
