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B. R. GAVAI, K. VINOD CHANDRAN
Gudivada Seshagiri Rao – Appellant
Versus
Gudivada Ashalatha – Respondent
| Table of Content |
|---|
| 1. high court's findings on trial court errors (Para 3) |
| 2. grounds for divorce and financial support (Para 7) |
| 3. divorce granted with alimony (Para 8 , 9) |
JUDGMENT :
K. VINOD CHANDRAN, J.
1. Leave granted.
2. The appellant is the husband and the respondent is the wife, who have spent a fair share of their life fighting in courts. Allegations and counter-allegations galore, are raised despite the fact that they have had a matrimonial life for just about four months. One of the appeals is filed against the common order in the two Criminal Revision Petitions filed before the High Court against the order granting maintenance of Rs. 10,000/- to the wife. The husband challenged the grant while the wife sought enhancement, to double the amount in the revisions filed. After enhancement in the revision filed by the wife, the maintenance awarded stood at Rs. 15,000/- per month. The other appeal is against the order of remand made by the High Court, from an order rejecting the prayer of the husband for a divorce on the ground of desertion and cruelty.
3. The High Court in the appeal from the order rejecting divorce, framed two issues for consideration. First, whether the trial court
Divorce – A dead marriage must be given a decent quietus when there is no salvation possible and relationship is practically dead and emotionally irretrievable.
(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 ind....
(1) Repeatedly filing of criminal cases by one party against other in a matrimonial matter would amount to cruelty.(2) A marriage which has broken down irretrievably, spells cruelty to both parties –....
A decree of divorce under the Hindu Marriage Act requires substantial evidence of cruelty or desertion, which must not rely solely on allegations, while recognizing irretrievable breakdown as a basis....
(1) Divorce – It would not be desirable to accept formula of “irretrievable break down of marriage” as a strait-jacket formula for grant of relief of divorce under Article 142 of Constitution.(2) Cru....
The main legal point established in the judgment is the concept of irretrievable breakdown of marriage and the impact of criminal and other proceedings on the parties, leading to the grant of divorce....
The recognition of irretrievable breakdown of marriage as a ground for divorce under the Hindu Marriage Act, 1955, and the need for legislative action to amend the Act to incorporate this ground.
The court established that while irretrievable breakdown of marriage is recognized as a component of cruelty under the Hindu Marriage Act, it does not stand as a valid independent ground for divorce ....
(1) A marriage is more than a seemingly simple union between two individuals – As a social institution, all marriages have legal, economic, cultural, and religious ramifications.(2) There is no neces....
The Court held that the long desertion and separation of a spouse would constitute mental cruelty within the meaning of Section 13(ib) of the Hindu Marriage Act, 1955. However, the Court held that it....
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