Supreme Court of India · 2006-11-21
Rishikesh Sharma vs Saroj Sharma
- Court
- Supreme Court of India
- Petitioner
- Rishikesh Sharma
- Respondent
- Saroj Sharma
- Author
- Ar. Lakshmanan
- Bench
- Ar. Lakshmanan, Tarun Chatterjee
Judgment text excerpt
The Supreme Court held that under Section 13(1)(ia) of the Hindu Marriage Act, a decree of divorce can be granted on the grounds of mental cruelty and desertion. The Court found that the marriage had irretrievably broken down due to the parties living separately since 1981 and the wife's repeated baseless allegations against the husband. The High Court's refusal to grant a divorce was deemed unjustified, leading to the allowance of the husband's appeal and the granting of a decree of dissolution of marriage.