caselaws
Supreme Court of India
Raj Kumar Rana vs Rita Rathore on 10 March, 2015Author: R Banumathi
Bench: V. Gopala Gowda, R. Banumathi
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 6161/2010
Raj Kumar Rana ..Appellant
Versus
Rita Rathore ..Respondent
J U D G M E N T
R. BANUMATHI, J.
This appeal arises out of the judgment dated 10.11.2008 passed by
the High Court of Himachal Pradesh at Shimla in FAO (HMA) No.266/2004,
dismissing the appellant’s appeal and declining to pass the decree of
divorce.
2. Marriage between the appellant-husband and respondent-wife was
solemnized on 10.5.1997 and both of them resided together as husband and
wife for about nine months. Case of the appellant is that both parties were
employed in District Hospital at different places. Appellant was
transferred to District Hospital, Solan, Himachal Pradesh and he started
living at Solan. By their joint efforts, they were able to get the
respondent transferred to Solan. The respondent-wife became pregnant and
she went to her parents house at Nirsu in Rampur, Himachal Pradesh. Case
of the appellant is that in February 1998, respondent-wife left Solan for
delivery at her parents house at Rampur and thereafter she never came back
and never stayed with the appellant. Parties are said to have separated
since February 1998 and a male child was born out of their wedlock at
Rampur on 2.6.1998. Appellant alleged that despite his request, respondent
continued to stay with her child at her parents house at Nirsu in Rampur.
Inspite of being transferred to Solan, respondent refused to join the
appellant at Solan and instead she got herself adjusted at IGMC Shimla.
According to the appellant-husband, when he requested the respondent-wife
to part ways by mutual consent, respondent and her parents demanded
Rs.10,00,000/- as maintenance. The appellant filed petition for divorce
under Section 13 of the Hindu Marriage Act against the respondent on the
ground of cruelty and desertion. Vide its judgment dated 2.1.2003,
District Judge, Solan dismissed the petition both on grounds of cruelty and
desertion. Regarding desertion, trial court observed that parties have
strained relations for long time and are residing separately on account of
exigencies of their services and not on account of hostilities and there
was no animus deserendi on the part of the respondent in living separate.
The appellant preferred appeal before the High Court and vide its judgment
dated 10.11.2008, the High Court dismissed the appeal. In this appeal, the
appellant challenges the correctness of the dismissal of his divorce
petition.
3. Vide order dated 25.6.2014, while referring the parties to
mediation, this Court has asked the appellant whether he will be willing
to deposit a sum of Rs.10,00,000/- before this Court by way of permanent
alimony as well as maintenance for the male child from the marriage.
Learned counsel for appellant/husband submitted that the sum of
Rs.10,00,000/- will be deposited within six weeks from the date of the
order. As per the order, commencement of mediation was made conditional on
deposit of Rs.10,00,000/-. In compliance with the direction of this Court,
the appellant has deposited a sum of Rs.10,00,000/-. The parties were
referred to the Mediation Centre at Shimla. To enable the respondent-wife
to travel to Shimla, a further amount of Rs.25,000/- was paid to the
respondent-wife by way of demand draft.
4. Expressing her consent for divorce and stating that the amount
of Rs.10,00,000/- deposited by the appellant in this Court be paid to her
as permanent alimony and also as maintenance of the minor son, the
respondent has filed affidavit. In the affidavit, the respondent has
stated as under:-
“It is most humbly submitted that in the interest of my son and overall
bringing an end to the disputes, I am agreeable for a Divorce. However all
the allegations/contentions raised in Divorce Petition and the present
Special Leave Petition are denied. The Appellant has made bald and false
allegations in these Petitions. In these circumstances, this Hon’ble Court
may protect the interest of the Respondent herein by recording that the
Divorce is being granted by mutual consent and accordingly pass appropriate
orders in the interest of justice.”
5. Pursuant to the affidavit filed by the respondent-wife, taking
into consideration that the relationship between the parties are strained
for quite a long time, judgments of both the courts below are set aside and
this appeal is allowed. In order to render justice between the parties, in
exercise of our power under Article 142 of the Constitution of India, the
marriage between the appellant and the respondent is dissolved by mutual
consent. The amount of Rs.10,00,000/- lying in this Court’s deposit be
invested in the name of minor son represented by the respondent in any one
of the Nationalized Bank as per the choice of the respondent till he
attains majority. The respondent is permitted to withdraw the periodical
interest accrued thereon once in a year directly from the bank and the same
shall be utilized for the welfare of the minor son. No costs. Copy of
this judgment shall be sent to the District Judge, Solan, H.P.
……………………..J.
(V. Gopala Gowda)
……………………..J
(R. Banumathi)
New Delhi;
March 10, 2015
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