Case Note & Summary
This appeal arose from a matrimonial dispute where the appellant-wife challenged the divorce decree granted to the respondent-husband on the ground of cruelty. The parties married on 6 May 1996 and had two children, a daughter born in 1997 and a son born in 1999. In March 2009, the husband filed a divorce petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 alleging mental cruelty, while the wife alleged that she was subjected to mental and physical cruelty. The wife filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005, leading to maintenance orders and subsequent findings of domestic violence with compensation payable to the wife. The Family Court granted divorce on 20 September 2019, and the Delhi High Court affirmed it on 18 December 2023, holding that the parties had lived separately since around 2009 with no reconciliation and that false complaints amounted to cruelty. Before the Supreme Court, the appellant-wife confined her claim to seeking Rs.10,00,000 towards the marriage expenses of the daughter. She submitted that the respondent earned from an aquarium shop, rental income, and contributions from his father, while the respondent denied any earnings. The Court noted that the marital relationship had ceased to exist in substance, mediation was unsuccessful, and there was long separation and irretrievable breakdown of marriage. It held that no interference with the divorce decree was warranted. On the issue of marriage expenses, the Court found that the respondent was capable of making provision and that meeting the daughter's marriage expenses was a natural extension of his duty as a parent irrespective of marital differences. Accordingly, the Court directed the respondent to pay Rs.10,00,000 to the appellant by 15 October 2025, with default leading to revival of the appeals. The divorce decree was affirmed subject to this direction, and the appeals were disposed of.
Headnote
A) Family Law - Divorce on Cruelty - Irretrievable Breakdown of Marriage - Hindu Marriage Act, 1955, Section 13(1)(ia) - The High Court affirmed the trial court's divorce decree on the ground of cruelty due to constant acrimony, long separation since 2009, and false complaints by wife; Supreme Court observed marital relationship ceased, mediation failed, and long separation and irretrievable breakdown; Held no interference with divorce decree (Paras 3.6-3.8, 7, 12). B) Family Law - Parental Duty and Marriage Expenses - Natural Extension of Parental Obligation - General parental duty under Indian family law (no specific statutory provision cited) - Wife confined claim to Rs.10,00,000 for daughter's marriage; husband denied earnings but Court found him capable; father's duty to provide for children includes meeting marriage expenses irrespective of spouse differences; Held respondent directed to pay Rs.10,00,000 by 15 October 2025 with default revival of appeals (Paras 5-10).
Issue of Consideration
Whether the High Court erred in affirming the decree of divorce on the ground of cruelty, and whether the respondent-husband should be directed to pay Rs.10,00,000 towards the daughter's marriage expenses.
Final Decision
Supreme Court granted leave, did not interfere with the divorce decree; directed the respondent-husband to pay Rs.10,00,000 to the appellant-wife towards the daughter's marriage expenses on or before 15 October 2025; in case of default, the Registry shall revive the appeals; the appellant-wife shall provide her bank account details; the decree of divorce stands affirmed subject to this direction; appeals and pending applications disposed of.
Law Points
- Divorce on cruelty under Section 13(1)(ia) of Hindu Marriage Act
- 1955 requires proof of mental cruelty
- irretrievable breakdown of marriage and long separation justify affirmation of divorce
- father has natural duty to provide for children including marriage expenses
- parental obligation irrespective of marital differences
- mediation failure and acrimony support divorce
- DV Act compensation upheld
