The Court quashed and set aside the High Court's judgment that had reversed the Family Court's decree of divorce. [1000525810029] The marriage between the parties was dissolved by a decree of divorce on the ground of mental cruelty caused by the wife's conduct. [1000525810027][1000525810029] The husband was directed to pay permanent alimony of Rs.15,00,000/- to the wife in three instalments. [1000525810029] The appeal was disposed of, affirming that mental cruelty suffices for divorce irrespective of whether parties resided under one roof. [1000525810023][1000525810029] The Court recognized irretrievable breakdown as a weighty circumstance supporting dissolution, despite not being a statutory ground. [1000525810025][1000525810029]

K. Srinivas Rao vs D. A. Deepa - 2013 Supreme(SC) 187

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2013 Supreme(SC) 187

K. Srinivas Rao – Appellant
Versus
D. A. Deepa – Respondent

Judgement Key Points

The Court quashed and set aside the High Court's judgment that had reversed the Family Court's decree of divorce. [1000525810029]
The marriage between the parties was dissolved by a decree of divorce on the ground of mental cruelty caused by the wife's conduct. [1000525810027][1000525810029]
The husband was directed to pay permanent alimony of Rs.15,00,000/- to the wife in three instalments. [1000525810029]
The appeal was disposed of, affirming that mental cruelty suffices for divorce irrespective of whether parties resided under one roof. [1000525810023][1000525810029]
The Court recognized irretrievable breakdown as a weighty circumstance supporting dissolution, despite not being a statutory ground. [1000525810025][1000525810029]

Judgment :-

(SMT.) RANJANA PRAKASH DESAI, J.

1. Leave granted.

2. This appeal, by special leave, has been filed by the appellant-husband, being aggrieved by the judgment and order dated 8/11/2006 passed by the Andhra Pradesh High Court in Civil Miscellaneous Appeal No.797/03, setting aside the decree of divorce granted in his favour.

3. The appellant-husband is working as Assistant Registrar in the Andhra Pradesh High Court. The marriage between the appellant-husband and the respondent-wife was solemnized on 25/4/1999 as per Hindu rites and customs. Unfortunately, on the very next day disputes arose between the elders on both sides which resulted in their abusing each other and hurling chappals at each other. As a consequence, on 27/4/1999, the newly married couple got separated without consummation of the marriage and started living separately. On 4/10/1999, the respondent-wife lodged a criminal complaint against the appellant-husband before the Women Protection Cell alleging inter alia that the appellant-husband is harassing her for more dowry. This complaint is very crucial to this case. We shall advert to it more in detail a little later. Escalated acrimony led to complaints and co

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2013 Supreme(SC) 187

K. Srinivas Rao – AppellantVersusD. A. Deepa – Respondent

K. Srinivas Rao – Appellant
Versus
D. A. Deepa – Respondent