Page Intro

K. SRINIVAS RAO vs D.A. DEEPA (CIVIL APPEAL NO. 1794 OF 2013)

Irretrievable breakdown of marriage & Mental Cruelty

Intro

  • Wife lived only for a day at matrimonial house.
  • Multiple cases filed by wife against husband and in-laws.
  • Husband convicted for 6 months SI u/s 498-A by Metropolitan Magistrate but acquitted by Sessions Judge. Husband and in-laws acquitted under DP Act.
  • Wife appealed in HC against acquittal of husband and in-laws. Also appealed for enhancement of punishment.
  • Wife wrote multiple complaints to husband’s workplace to get him out of job.
  • Family Court granted divorce on the grounds of mental cruelty. HC set it aside.

A marriage which is dead for all purposes cannot be revived by the court’s verdict, if the parties are not willing. This is because marriage involves human sentiments and emotions and if they are dried-up there is hardly any chance of their springing back to life on account of artificial reunion created by the court’s decree.

Verdict

  • Marriage dissolved between the parties on the grounds of irretrievable breakdown of marriage.
  • ₹15,00,000 granted to the wife as permanent alimony.

Takeaway

  • Court admits irretrievable breakdown of marriage as a very weighty circumstance amongst others necessitating severance of marital tie.
  • A lot of stress was laid upon the concept of mediation, stating that it would be beneficial for both the litigants and the courts.
  • Directions regarding conducting mediations were given to Family Courts.

 

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