CASE BRIEF

CASE NAME AND CASE LAW:

R. Srinivas Kumar v. R.Shametha(Civil Appeal No. 4696 of
2013) (Hindu Marriage act 1955).
FACTS:
The couple named R. Srinivas Kumar and R. Shametha both
were residing separately for the last 22 years due to difference
of opinion between them after their marriage on 9 may 1993.
The appellant-Husband and the Respondent-wife have been
residing separately ad all efforts of them continuing the
marriage have failed and there is no possibility of re-union
because of the strained relations. Thus, it appears that the
marriage between the Appellant ad the Respondent has
irretrievably broken down. The family court has refused to pass
a decree for divorce on the grounds of irretrievable breakdown
of marriage.
ISSUES:
Whether the facts of the case are important to provide a ground
for divorce?
JUDGEMENT:
The Hon’ble Supreme Court of India on 4 October, 2019, by the
Divisional bench of Justice Banerjee and Justice Shah allowed
the application for Divorce filled by the Appellant- Husband for
dissolution of marriage. Further bringing into consideration the
judgement in Naveen Kohli case the courts while exercising the
powers of Article 142 of Constitution of India and on the
condition that the Husband shall pay to the wife a lump sum of
Rs. 2000000, as permanent alimony the application of Divorce
has been allowed. Thus, the court while protecting the interest
of the Respondent has allowed the application of the appellant.