2012 (12) TMI 1004 - SC - Indian Laws

Whether the husband has proved his case of mental cruelty which was the foundation for seeking divorce?

Issues Involved:
1. Restitution of conjugal rights.
2. Dissolution of marriage.
3. Custody of the child.
4. Return of jewelry and other items.
5. Permanent alimony and maintenance.
6. Admissibility of secondary evidence.
7. Mental cruelty.
8. Desertion.

Detailed Analysis:

1. Restitution of Conjugal Rights:
The appellant-wife filed for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955. She alleged that her husband withdrew from her society without justifiable reason. The Family Court dismissed her application, concluding that she had treated her husband with cruelty and had not taken steps for reunion.

2. Dissolution of Marriage:
The respondent-husband sought dissolution of marriage under Sections 13(1)(i-a), 26, and 27 of the Hindu Marriage Act, 1955, citing mental cruelty and desertion. The Family Court granted the decree for divorce, which was upheld by the High Court. The Supreme Court affirmed the divorce on the ground of mental cruelty, noting that the wife's behavior caused humiliation and embarrassment to the husband, affecting his public image and self-respect.

3. Custody of the Child:
The Family Court held that the child would remain in the custody of the mother, emphasizing the principle that the welfare of the child is paramount. This decision was not contested in the appeals.

4. Return of Jewelry and Other Items:
The husband's claim for the return of jewelry and other items was dismissed by the Family Court due to the lack of cogent evidence. This finding was not challenged in the higher courts.

5. Permanent Alimony and Maintenance:
The Family Court directed the husband to pay permanent alimony of Rs. 5 lakhs each to the wife and the minor son. The High Court additionally ordered the husband to pay Rs. 12,500 per month as maintenance from the date of the order by the Chief Metropolitan Magistrate at Hyderabad until the High Court's order. The Supreme Court modified the permanent alimony to Rs. 50 lakhs, considering the husband's financial status and the need for the wife and child to live with dignity.

6. Admissibility of Secondary Evidence:
The High Court admitted a photostat copy of a letter (Exhibit R-8) as secondary evidence under Section 65 of the Evidence Act. The Supreme Court overturned this finding, stating that the foundational evidence required for admitting secondary evidence was not adequately established.

7. Mental Cruelty:
The Supreme Court confirmed the findings of the Family Court and High Court that the wife had treated the husband with mental cruelty. The husband's testimony about the wife's consistent ill-treatment, public embarrassment, and unfounded allegations against his family was deemed credible. The Court noted that mental cruelty includes sustained humiliation and calculated torture, which was evident in this case.

8. Desertion:
The Family Court and High Court concluded that the wife had deserted the husband. However, the Supreme Court found no specific pleading or prayer for divorce on the ground of desertion in the husband's petition. Consequently, the finding of desertion was overturned.

Conclusion:
The Supreme Court affirmed the decree of divorce on the ground of mental cruelty and modified the permanent alimony to Rs. 50 lakhs, ensuring the wife and child's financial security and dignity. The appeals were dismissed, with each party bearing their respective costs.

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