Issue before the Court

The appeal challenged a Rajasthan High Court decision granting a divorce on the ground of cruelty. The Supreme Court considered whether the cruelty finding was supported by the record and addressed the parties’ prolonged separation and unsuccessful efforts at reconciliation.

Decision

The Supreme Court upheld the cruelty finding and dismissed the appeal. The divorce decree granted by the High Court remained in force. The judgment also considered the long separation and the absence of a realistic prospect of reconciliation, and exercised the Court’s power under Article 142 of the Constitution to dissolve the marriage.

Legal context

The decision discusses cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955, and the Court’s constitutional power under Article 142. The judgment addresses the specific evidence and history of this dispute; it should not be read as a rule that separation by itself proves cruelty in another case.

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