Case Note & Summary
The Supreme Court heard an appeal by the wife against the High Court's dismissal of her appeal challenging the Family Court's decree of divorce on grounds of cruelty and desertion. The marriage was solemnized on 16.11.2005, and a son was born on 23.2.2008. The wife made multiple complaints to the Army Authorities alleging extra-marital affairs by the husband, leading to an enquiry that exonerated him. The husband filed for divorce in 2014, and the Family Court granted the decree on 19.05.2018. The High Court confirmed this. The wife appealed to the Supreme Court, arguing that the findings on cruelty and desertion were erroneous and that the husband had remarried despite a status quo order. The Court noted concurrent findings of fact on cruelty and desertion based on evidence, including the wife's complaints. However, considering the long separation since May 2011 and the husband's remarriage, the Court invoked Article 142 to sustain the divorce on the ground of irretrievable breakdown of marriage. The Court emphasized that the father's liability to maintain the minor son continues irrespective of the divorce. It directed the husband to pay Rs.50,000 per month from December 2019 towards the son's maintenance, with arrears to be paid within eight weeks and future maintenance deducted from his salary by the Army Authorities. The appeal was disposed of with these directions.
Headnote
A) Family Law - Divorce - Cruelty and Desertion - Hindu Marriage Act, 1955 - Concurrent findings of cruelty and desertion by wife based on evidence, including filing of complaints leading to army enquiry that exonerated husband - Supreme Court declined to interfere with decree of divorce on merits but invoked Article 142 to sustain dissolution on ground of irretrievable breakdown of marriage (Paras 4-5). B) Family Law - Maintenance of Minor Child - Section 125 CrPC / Hindu Adoption and Maintenance Act, 1956 - Father's liability to maintain minor son continues till majority irrespective of divorce - Court directed payment of Rs.50,000 per month from December 2019 towards maintenance of son, with arrears to be paid within eight weeks and future maintenance deducted from salary by Army Authorities (Paras 5-6).
Issue of Consideration
Whether the decree of divorce on grounds of cruelty and desertion should be upheld, and whether the respondent-husband is liable to pay maintenance to the appellant-wife and minor son.
Final Decision
The Supreme Court disposed of the appeal by confirming the decree of divorce on account of irretrievable breakdown of marriage under Article 142. The Court directed the respondent-husband to pay Rs.50,000 per month from December 2019 towards maintenance of the minor son Pranav, with arrears to be paid within eight weeks and future maintenance deducted from salary by Army Authorities.
Law Points
- Irretrievable breakdown of marriage
- Maintenance of minor child
- Section 90(1) Army Act
- 1950
- Article 142 of the Constitution of India
