This is the landmark judgment K. Srinivas Rao v. D.A. Deepa, Civil Appeal No. 1794 of 2013 (arising out of SLP (C) No. 4782 of 2007), decided by the Hon’ble Supreme Court of India by Hon’ble Justice (SMT.) Ranjana Prakash Desai. The landmark judgment on cruelty for divorce.

This case set an important precedent regarding cruelty/ mental cruelty as a ground of divorce. The false criminal casess filed between spouses, leading to their harassment.

It is a leading case on cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, particularly in relation to mental cruelty caused by prolonged acrimonious litigation and false criminal cases filed between spouses.

Key Highlights of the Judgment:

Background:

The appellant-husband sought divorce on grounds of cruelty.

The respondent-wife had filed complaints under Section 498A IPC and other allegations against him and his family.

Both parties had been litigating continuously for years with bitterness.

Issue:

Whether prolonged litigation, false criminal cases, and constant allegations can amount to mental cruelty, entitling a spouse to divorce.

Supreme Court’s Observations:

Mental cruelty includes not only physical acts but also mental pain, agony, and suffering that make it impossible for parties to live together.

Filing false complaints, making reckless and baseless allegations, and dragging the spouse into criminal cases amount to cruelty.

Long-drawn separation and hostile litigation between the parties destroy the marriage beyond repair.

The Court emphasized that marriage laws must be applied with a realistic and human approach rather than a purely pedantic one.

Judgment:

The Supreme Court granted divorce to the husband on the ground of cruelty.

The Court also observed that irretrievable breakdown of marriage, though not a statutory ground, is a valid circumstance that courts can consider while granting divorce under cruelty.

Significance:

This case is often cited for the principle that false criminal cases, defamatory allegations, and irreconcilable hostility between spouses constitute cruelty.

The landmark judgment on cruelty for divorce.

Disclaimer: This article is for educational and informational purposes only. It provides a general understanding of legal remedies but does not constitute legal advice. For specific legal guidance, you can consult a legal expert.