Case Note & Summary
The appellant, Smt. G. Premalatha @ N. Premalatha, filed an appeal under Section 19(1) of the Family Courts Act against the judgment and decree dated 15.01.2013 passed by the Principal Judge, Family Court, Bengaluru, dismissing her petition for divorce under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955. The appellant married the respondent, Sri R. Nagesh, on 10.03.2004 at Someshwara Temple, Ulsoor, Bengaluru, as per Hindu rites. A baby girl, Karunya.N, was born on 12.10.2006. The appellant contended that after a few months of marriage, the respondent's behavior changed; he started harassing her for additional dowry and made false allegations of adultery. She claimed that the respondent treated her with cruelty and deserted her. The Family Court dismissed the petition, leading to the present appeal. The High Court considered the submissions and evidence, noting that the respondent did not appear despite service. The court observed that the allegations of adultery were unsubstantiated and amounted to mental cruelty. The court also found that the marriage had irretrievably broken down and there was no possibility of reconciliation. Consequently, the High Court allowed the appeal, set aside the Family Court's judgment, and granted a decree of divorce dissolving the marriage. The court directed that the respondent pay a sum of Rs. 5,00,000 as permanent alimony to the appellant within six months, failing which interest at 9% per annum would accrue.
Headnote
A) Family Law - Divorce - Cruelty - Section 13(1)(ia) Hindu Marriage Act, 1955 - The wife alleged mental cruelty due to husband's false accusations of adultery and harassment for dowry. The Family Court dismissed the petition. On appeal, the High Court held that unsubstantiated allegations of adultery by the husband against the wife constitute mental cruelty, and the marriage had irretrievably broken down. (Paras 1-10) B) Family Law - Divorce - Desertion - Section 13(1)(ib) Hindu Marriage Act, 1955 - The wife claimed the husband deserted her. The High Court found that the husband's conduct forced the wife to leave the matrimonial home, and there was no genuine attempt at reconciliation, thus desertion was established. (Paras 1-10)
Issue of Consideration
Whether the Family Court erred in dismissing the wife's petition for divorce under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955, on grounds of cruelty and desertion.
Final Decision
Appeal allowed. The judgment and decree dated 15.01.2013 passed by the Family Court in M.C.No.1384/2012 is set aside. The marriage between the appellant and respondent is dissolved by a decree of divorce under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955. The respondent shall pay Rs.5,00,000 as permanent alimony to the appellant within six months, failing which interest at 9% per annum.
Law Points
- Cruelty
- Desertion
- Irretrievable breakdown of marriage
- Burden of proof
- Section 13(1)(ia) and (ib) of Hindu Marriage Act
- 1955
