(2013) 2 Supreme Court Cases 114<\/p>\n\n\n\n
U. SREE Vs U. SRINIVAS<\/p>\n\n\n\n
A. Family and Personal Laws \u2013 Hindu Law \u2013 Hindu Marriage Act, 1955 \u2013 Ss. 13(1)(i-a) and 23 \u2013 \u201cMental cruelty\u201d \u2013 question whether wife treated her husband with \u2013 Proof \u2013 Husband used to practice and learn music in presence of his father, who was also his \u201cGuru\u201d \u2013 Wife showing immense dislike towards \u201cSadhna\u201d of her husband in music and exhibiting indifference and contempt of tradition of teacher and disciple \u2013 She having no concern for pubic image of her husband and putting him in embarrassing situations leading to humiliation including before his father and \u201cGuru\u201d \u2013 She making wild allegations about conspiracy in family of her husband to get him remarried for greed of dowry \u2013 No evidence to substantiate such allegations \u2013 Thus, apart from aspersions cast on character of husband, there were maladroit efforts to malign reputation of family of husband \u2013 On such facts, held, husband proved his case of mental and Phrases \u2013 \u201cCruelty\u201d \u2013 Penal Code, 1860, S. 498-A<\/p>\n\n\n\n
B. Family and Personal Laws \u2013 Hindu Law \u2013 Hindu Marriage Act, 1955 \u2013 Ss. 25 and 23 \u2013 Decree of divorce \u2013 Grant of permanent alimony to wife \u2013 Factors to be considered \u2013 No arithmetic formula, held, can be adopted therefor \u2013 However, status of parties, their respective social needs, financial capacity of husband and other obligations must be taken into account \u2013 Duty of court is to see that wife lives with dignity and comfort and not in penury \u2013 Though living need not be luxurious, court has to act with pragmatic sensibility that wife does not meet any kind of man-made misfortune \u2013 In present case, husband, who was famous in world of music, had been performing musical concerts in India and abroad \u2013 Regard being had to status of husband, social strata to which parties belonged and earlier orders of Supreme Court in this case, permanent alimony fixed at concerned, 50 lakhs \u2013 Out of the said amount to be deposited before Family Judge 20 lakhs directed to be kept in a fixed deposit in name of son in a nationalized bank \u2013 Any amount deposited earlier, clarified, would stand excluded<\/p>\n\n\n\n
C. Evidence Act, 1872 \u2013 S. 65(a) \u2013 Secondary evidence \u2013 Admissibility of \u2013 Necessary requirements \u2013 Foundational evidence to be laid for leading secondary evidence \u2013 Absence thereof \u2013 Effect of \u2013 Secondary evidence, held, is inadmissible in such a case \u2013 Hence, in absence of said foundational evidence in present case, view taken by court concerned that when the alleged original letter was summoned and there was denial in respect thereof, secondary evidence in form of Photostat copy of that letter was admissible, held, not sustainable in law<\/p>\n\n\n\n
D. Evidence Act, 1872 \u2013 Ss. 62 to 65 \u2013 Reiterated, mere admission of a document in evidence does not amount to its proof \u2013 Therefore, it is the obligation of court to decide question of admissibility of a document in secondary evidence before making endorsement thereon<\/p>\n\n\n\n
E. Practice and Procedure \u2013 Issues in question\/Issues pleaded only to be considered \u2013 No pleading or prayer made for divorce on ground of desertion \u2013 Conclusion as to desertion arrived at by courts below in case of \u2013 Held, erroneous \u2013 Hindu Marriage Act, 1955 \u2013 Ss. 13(1)(i-b) and 23 \u2013 Constitution of India \u2013 Art. 136 \u2013 Civil Procedure Code, 1908, S. 33 and Or. 20 Rr.4(2), 5 & 6 and Or. 14 Rr. 2 & 3 and Or. 6 Rr. 1 & 2 and Or. 7 Rr. 1 & 7<\/p>\n","protected":false},"excerpt":{"rendered":"
(2013) 2 Supreme Court Cases 114 U. SREE Vs U. SRINIVAS A. Family and Personal Laws – Hindu Law – Hindu Marriage Act, 1955 – Ss. 13(1)(i-a) and 23 – “Mental cruelty” – question whether wife treated her husband with – Proof – Husband used to practice and learn music in presence of his father, […]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"categories":[1],"tags":[],"class_list":["post-2610","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"yoast_head":"\n