Case Name : Mangayakarasi vs M Yuvraj Case Reference: (2020) 2 SCR 1036 Case Number: CA Nos. 1912, 1913/2020 Court: Supreme Court Bench: 03 Coram: R Banumathi, S Abdul Nazeer, AS Bopanna (Author) Date: 03.03.2020
Filing of criminal case & acquittal therein cannot be treated as a ground for granting divorce, if it was not the basis for seeking divorce. The husband had approached the Trial Court for divorce not on the basis of alleging mental cruelty in that regard but with regard to her intemperate behaviour, which was not proved.
Refer: Naveen Kohli vs Neelu Kohli, (2006) 4 SCC 558 ; Sanghamitra Ghosh vs Kajal Kumar Ghosh, (2007) 2 SCC 220 ; Samar Ghosh vs Jaya Ghosh, (2007) 4 SCC 511 : In cases where there has been a long period of continuous separation and the marriage becomes a fiction, it would be appropriate to dissolve such marriage.
See also: HMA - Section 9 CPC - Section 100 Constitution - Article 142