Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 1242

SUPREME COURT OF INDIA
VIKRAM NATH, PRASANNA B. VARALE, JJ.
Amutha – Appellant
Versus
A.R. Subramanian – Respondent
Civil Appeal No. 2643 of 2023
Decided On : 19-12-2024

Advocates appeared:
For the Appellant(s) : Mr. C Rajaram, Adv. Ms. Shashi Panwar, Adv. Ms. S. Ramamani, AOR
For the Respondent(s): Ms. Haripriya Padmanaban, Sr. Adv. Mr. S. Prabu Ramasubramanian, Adv. Mr. Raghunatha Sethupathy B, AOR Mr. Manoj Kumar A., Adv. Mr. M. Vishal Sundaramughan, Adv. Ms. Aditi Gupta, Adv. Mr. Mahendhran T, Adv.

IMPORTANT POINTS
(1) Divorce – Where marriage has lost its essence and that its continuation would serve no meaningful purpose – A dead marriage must be given a decent quietus..
(2) Maintenance/Alimony – Financial independence of a party does not preclude High Court from granting maintenance if it is necessary to secure dignity, social standing, and financial stability post divorce.

Headnote:
(A) Hindu Marriage Act, 1955 – Section 13(1)(ia) and (ib) – Constitution of India – Article 142 – Divorce – Cruelty and desertion by wife – Evidence on record unequivocally demonstrates grounds of cruelty, prolonged separation and irretrievable breakdown of marital relationship – Marriage has lost its essence and that its continuation would serve no meaningful purpose – Respondent has provided sufficient evidence to show that appellant was engaged in a pattern of behavior that caused him immense mental and emotional distress – This included filing false and baseless criminal complaints against respondent and his family, which not only strained their relationship but also caused significant damage to his reputation and peace of mind – Cruelty is not confined to physical violence but also encompasses actions that inflict mental pain and suffering – Appellant’s actions were not isolated incidents but formed a pattern of behaviour that made cohabitation impossible – Fact that the parties have been living separately for two decades now further reinforces conclusion that marriage is no longer viable – Prolonged separation, coupled with inability to reconcile, is a relevant factor in deciding matrimonial disputes – In present case, length of separation and evident animosity between parties make it clear that there is no possibility of marriage being revived – Marriage has irretrievably broken down – Respondent has expressed his desire to move on with his life, while appellant, despite her assertions to the contrary, has failed to demonstrate any genuine willingness to repair relationship – Decree of divorce affirmed – Sum of Rs. 50,00,000/- to appellant as permanent alimony and additional Rs. 50,00,000/- to their daughter for her education and future expenses, granted. (Paras 26, 27, 28, 29, 30, 31, 32, 33, 37, 40 and 41)
(B) Hindu Marriage Act, 1955 – Section 25 – Maintenance/Alimony – Grant of – Determining factors – Financial independence of a party does not preclude High Court from granting maintenance if it is necessary to secure dignity, social standing, and financial stability post divorce, especially in cases where marriage has subsisted for a long period – Concept of maintenance and alimony encompasses right to sustenance that allows spouse to live in a manner suited to her status and standard of living and aim is not to penalise husband – Factors to be considered while awarding maintenance or alimony include duration of marriage, earning capacities of parties, their age and health, their standard of living and their financial and non-financial contributions to marriage – Appellant has spent substantial time during pendency of litigation without emotional or financial support of respondent – Granting lump sum as permanent alimony ensures finality and reduces scope for future litigation between parties – While appellant is presumably capable of earning, she has faced financial and emotional setbacks due to prolonged litigation and separation – Similarly, financial provision for daughter ensures her welfare is not compromised due to breakdown of marital relationship between her parents. (Paras 36, 37 and 39)
Facts of the case:
Present appeal challenges validity of order dated 08.06.2018 passed by Madras High Court’s Madurai Bench in CMSA (MD) No. 34 of 2014 wherein High Court allowed appeal of respondent - husband herein, thereby setting aside judgments of two lower Courts, and thus granting a decree of divorce on the ground of cruelty. Appellant herein is wife challenging grant of divorce.
Findings of Court:
Both parents share duty of ensuring daughter’s well-being and future security, and this financial provision will contribute to fulfilling that duty.
Result : Appeal dismissed.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

The court recognizes that when a marriage has lost its essence and continued cohabitation would serve no meaningful purpose, a divorce should be granted to provide a respectful and definitive end to the marital relationship (!) (!) .
Financial independence of a spouse does not prevent the court from awarding maintenance or alimony if it is necessary to preserve her dignity, social standing, and financial stability after divorce. The court considers factors such as duration of marriage, earning capacity, age, health, standard of living, and contributions to the marriage when determining maintenance (!) (!) .
Evidence of cruelty, prolonged separation, and irretrievable breakdown of the marriage can justify divorce. Actions such as filing false complaints and causing mental distress are recognized as acts of mental cruelty. The pattern of behavior and the length of separation are significant in assessing the viability of continuing the marriage (!) (!) (!) (!) (!) .
The court emphasizes that mental cruelty includes actions that cause mental pain and suffering, which may not be physical but are equally damaging. Repeated false accusations and acts intended to harass are considered serious acts of cruelty (!) (!) (!) .
Prolonged separation, especially over extended periods, is a strong indicator of the breakdown of the marital relationship, and such separation can lead to a conclusion that the marriage is beyond repair (!) (!) (!) .
When a marriage has irretrievably broken down, and reconciliation is unlikely, the court may invoke its powers to dissolve the marriage even if such grounds are not explicitly provided under statutory law. The focus is on the overall circumstances demonstrating the marriage's inability to be salvaged (!) (!) (!) .
The court is justified in interfering with lower court findings if there are substantial questions of law or if the evidence indicates that the marriage has irretrievably broken down, especially when the lower courts have overlooked or misinterpreted the evidence (!) (!) (!) .
Procedural challenges, such as the assertion that the court overstepped its jurisdiction or reappreciated evidence improperly, are generally not sufficient to oppose the dissolution if the core facts and circumstances establish grounds for divorce (!) (!) (!) .
The court recognizes the importance of safeguarding the dignity of the parties and the welfare of children. It considers it appropriate to award permanent alimony and financial support to ensure the wife’s and child's future security, especially given the long duration of separation and the financial status of the parties (!) (!) (!) .
The court emphasizes that the purpose of maintenance and alimony is to provide sustenance that allows the spouse to live with dignity, not to penalize the other party. The award aims to ensure the financial stability of the spouse and the child post-divorce (!) (!) .
The court directs the respondent to pay the awarded permanent alimony and support within a specified timeframe, underscoring the importance of timely compliance with the court’s order (!) .
Overall, the court upholds the divorce granted by the lower courts, finding the evidence of cruelty, desertion, and irretrievable breakdown sufficient to justify the dissolution of the marriage, and emphasizes the importance of protecting the dignity and future of the parties involved (!) (!) (!) .

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JUDGMENT :

VIKRAM NATH, J.

1. The present appeal challenges the validity of the order dated 08.06.2018 passed by the Madras High Court’s Madurai Bench in CMSA (MD) No. 34 of 2014 wherein the High Court allowed the appeal of the respondent – husband herein, thereby setting aside the judgments of the two lower Courts, and thus granting a decree of divorce on the ground of cruelty. The appellant herein is the wife challenging the grant of divorce.

2. The appellant and the respondent got married on 30.06.2002. At the time of their marriage, the respondent was employed as a software engineer in Punjab. After the marriage, the appellant moved to Chandigarh with the respondent and secured employment as an engineer in the same company as the respondent. The couple lived together for a few months, during which the appellant conceived a child. Subsequently, she returned to her parental home for the delivery of the child. On 09.07.2003, she gave birth to a female child. The respondent visited to see the child, but when he requested the appellant to return to the matrimonial home, she allegedly refused. Consequently, the respondent issued a legal notice for reunion on 29.12.2003, to which the appellant replied on 31.12.2003 with allegations against him. Thereafter, the respondent filed a petition for restitution of conjugal rights in January 2004, pending which attempts at reconciliation through a panchayat failed.

3. During the pendency of the restitution petition, the appellant agreed to resume cohabitation and joined the respondent at his residence on 28.06.2004. The couple subsequently moved to Bengaluru, Karnataka, where they resided together. However, the respondent alleged that the appellant treated him with cruelty during this period. Eventually, the petition for restitution of conjugal rights was dismissed for default. The appellant once again left the matrimonial home allegedly without informing the respondent and returned to her parental home. The respondent claimed that this desertion, combined with the mental anguish caused by her absence during the demise of his father, amounted to cruelty. Consequently, the respondent filed a divorce petition in 2010 on the grounds of cruelty.

4. The appellant denied the allegations in the petition for dissolution of marriage and contended that the respondent was at fault for failing to bring her back to the matrimonial home. She filed a counterclaim for restitution of conjugal rights in her response before the Trial Court, expressing her willingness to reconcile. Both parties presented their cases: the respondent examined himself as PW1 and submitted twelve documents as evidence, while the appellant testified as RW1 but did not produce any documentary evidence. After evaluating the evidence, the Trial Court dismissed the respondent’s divorce petition, holding that he has failed to establish that the appellant’s conduct amounted to mental cruelty.

5. The respondent’s appeal against this decision was also dismissed by the First Appellate Court. The First Appellate Court concurred with the Trial Court’s findings, observing that the respondent had not proven that the appellant had voluntarily deserted him without cause or inflicted mental cruelty. Instead, the First Appellate Court noted that the appellant had expressed a desire for reconciliation.

6. Challenging the findings and the judgment of the First Appellate Court, the respondent approached the High Court. The High Court in its judgment reviewed the contentions of both the parties, as well as the rulings of the Courts below. The respondent’ primary contention was that the appellant had subjected him to cruelty, both mental and physical. He argued that her actions, including filing false cases against him and deserting the matrimonial home, amounted to mental cruelty. He further claimed that despite his repeated attempts to reconcile, the appellant remained adamant and disinterested in reuniting, which led to the breakdown of the marriage. The