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SANJAY KISHAN KAUL, M.R.SHAH
R. Srinivas Kumar – Appellant
Versus
R. Shametha – Respondent
JUDGMENT :
M.R. SHAH, J.
Feeling aggrieved and dissatisfied with the impugned judgment and order dated 06.02.2012 passed in C.M.A. No. 4142 of 2003 by the High Court of Judicature Andhra Pradesh at Hyderabad, by which the High Court has dismissed the said appeal preferred by the appellant-husband and has confirmed the judgment and order passed by the learned Family Court refusing to pass a decree of divorce against the respondent-wife, the appellant-husband has preferred the present appeal.
2. That the marriage of the appellant and the respondent took place on 09.05.1993. That out of the said wedlock, the respondent gave birth to a male child on 29.08.1995. It appears that there were differences of opinion between the parties and according to the appellant-husband, cruelty was meted out to him. Up to 1997, many a times, the respondent-wife stayed at her parental house. The appellant-husband filed a divorce petition in the year 1999 being O.P. No. 157 of 1999 before the Family Court at Hyderabad. That the said petition was filed for a decree of divorce against the respondent-wife under Section 13(1) (ia) and (ib) of the Hindu Marriage Act, 1955. That the learned Family Court dismissed
Vishnu Dutt Sharma VS Manju Sharma - 2009 0 Supreme(SC) 393: Treated as bad law. Explicitly states "A mere direction of the Court without considering the legal position is not a precedent," indicating it lacks precedential value and should not be followed.
Chetan Dass VS Kamla Devi - 2001 3 Supreme 403: Treated as bad law. States "It was rightly negatived by 1st Appellate Court" and "it will not be appropriate to apply any submission of broken marriage as a straight jacket formula," showing the decree or position was rejected by higher court.
Munish Kakkar VS Nidhi Kakkar - 2019 0 Supreme(SC) 1374: Affirmative treatment. References a specific Supreme Court case "(2019) 9 SCC 409" to which a judge is a party, indicating it is cited as valid precedent supporting divorce on irretrievable breakdown.
Naveen Kohli VS Neelu Kohli - 2006 2 Supreme 627: Affirmative treatment. Lists "Very Important Points" from the case, including recommendations for law amendment and definitions of cruelty, presented as authoritative principles.
Sanghamitra Ghosh VS Kajal Kumar Ghosh - 2006 9 Supreme 506: Affirmative treatment. Describes Supreme Court's use of Article 142 jurisdiction in irretrievably broken marriages as a valid exercise of extraordinary power "to do complete justice."
[00100052581>: Affirmative treatment. Articulates clear principles on cruelty (e.g., "mental cruelty" without cohabitation, via letters or proceedings) and treats irretrievable breakdown as a "very weighty circumstance," indicating followed principles.
SUKHENDU DAS VS RITA MUKHERJEE - 2017 8 Supreme 33: Affirmative treatment. Recognizes refusal to participate in divorce proceedings as mental cruelty and no point in compelling parties in irretrievably broken marriage, supporting severance.
Hitesh Bhatnagar VS Deepa Bhatnagar - 2011 3 Supreme 268: Affirmative treatment. Qualifies irretrievable breakdown as a ground only when "Court is totally convinced about there being absolutely no chance," presented as valid criterion.
Samar Ghosh VS Jaya Ghosh - 2007 3 Supreme 26: Affirmative treatment. Defines specific acts (e.g., refusal of intercourse or children) as amounting to mental cruelty, indicating recognized and followed standards.
Darshan Gupta VS Radhika Gupta - 2013 5 Supreme 67: Limited application. States party cannot seek divorce based on "his own fault" and must be "innocent of blame," distinguishing it from cases where fault is absent; treats as bad law in fault-based claims but not broadly overruled.
None. All cases contain sufficient language indicating treatment patterns based on keywords like "rightly negatived," "not a precedent," or affirmative articulations of principles.
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