C. Sembiam Sivakumar v. V. Sivachitra Devi
Background
The husband had obtained a decree of divorce from the Family Court, Madras in 2002 on the ground of cruelty, after the wife allegedly left the matrimonial home shortly after their 1997 arranged marriage. The wife successfully appealed, and the Madras High Court set aside the divorce decree in 2012, prompting the husband to approach the Supreme Court. During the years the appeal was pending, the husband (who had since remarried) paid the wife Rs. 5 lakhs as permanent alimony pursuant to interim Supreme Court orders, and later attempts at court-directed mediation and in-chamber reconciliation failed because the wife stopped participating and her lawyer eventually withdrew from the case.
Decision Breakdown
By the time the case was finally heard, the wife neither appeared nor was represented despite notice, and the Court found it clear she was no longer interested in pursuing the matter: likely because she had already accepted the Rs. 5 lakh alimony. The Supreme Court held that, in light of this conduct along with the husband's long-standing remarriage and his undertaking not to pursue recovery of other disputed property, the ground of cruelty was made out. It set aside the High Court's order, restored the Family Court's original divorce decree, and allowed the appeals with no order as to costs.
Lesson Learnt
A party who accepts a financial settlement (such as alimony) while a case is pending but then disengages from the litigation risks having the matter decided against their interest by default; courts will weigh sustained non-participation and conduct, not just the original pleadings, when finally deciding a long-pending matrimonial appeal.