Bench: Justice R.P. Sethi and Justice Y.K. Sabharwal.
Facts:
- Marriage between the parties was solemnized in 1987 and they lived together for one month and thereafter started living separately.
- The Appellant filed a petition under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the “Act”) for dissolution of marriage claiming cruelty and desertion exercised by the Respondent.
Issues:
- Whether the Appellant has suffered cruelty from the Respondent and his family members?
- Whether the parties are entitled to any relief? If so, to what extent?
Contentions of the Appellant:
- It was proved before the Family Court that the Appellant had been living separately and hence, it shall be presumed that the Respondent had deserted her.
- More than Rs. 80,000/- were spent on the marriage ceremonies by the Appellant’s parents.
- There were unreasonable demands from the Respondent and his family for expensive electronics, ornaments and Rs. 10,000 cash. While the other demands couldn’t be fulfilled, the Appellant’s father gave the Respondent Rs. 10,000.
- Appellant suffered torture in her matrimonial home by the Respondent and members of his family on false pretexts.
- The Respondent was having illicit relations with a woman in Bihar.
Background:
- The petition before the Matrimonial Court where the Appellant prayed for dissolution of marriage on ground of cruelty and desertion, was allowed and the marriage between the parties was dissolved on the ground of desertion by the Respondent.
- The Appellant was also granted a decree of Rs. 12,000/- towards the price of a scooter, allegedly given at the time of the marriage and payment of Rs. 500/- per month as permanent alimony.
- Both parties preferred appeals against the order of the Family Court as the Appellant was aggrieved on the part of refusal by the Court to grant adecree in her favour in respect of properties claimed by her, while the Respondent was aggrieved by the order of dissolution of the marriage.
- Both the appeals were disposed off and the decree of grant of Rs. 12,000/- towards the price of the scooterand for permanent alimony was also set aside. Aggrieved by the decision of the Appellate Court, the Appellant moved the Supreme Court which pronounced its judgment below.
Judgment:
The Court while dismissing the appeal, embarked upon the concept of cruelty and held that the evidence led by the Appellant to prove cruelty only shows sensitivity of the Appellant with respect to the conduct of the Respondent which cannot be termed anything more than ordinary wear and tear of the family life.
The Court referred to the judgment of Bipin ChandraJaisinghbhaiShah v. Prabhavati (AIR 1957 SC 176) to reiterate the legal position of ‘Desertion’ and observed from the evidence led by the Appellant in the present case that she abandoned the matrimonial home voluntarily and did not permit the Respondent to consummate the marriage in order to achieve a particular state of matrimonial position, which disentitles her to obtain a decree of divorce on the ground of desertion.
