Bench :
Justice Ruma Pal, Justice Arijit Pasayat, Justice C.K.Thakker
Issue:
When can a conduct of a spouse be considered as cruelty to seek divorce under Hindu Marriage Act, 1955?
Facts:
- · The appellant (husband) married the respondent in 1978.
- · In 1997, when the husband found the wife’s behavior as humiliating & causing mental cruelty to him, he asked for a divorce with mutual consent which was rejected by wife.
- · A petition under Section 13 of HMA,1955 was filed in Family courts on the basis of mental agony & no cohabitation for 2 years.
- · Meanwhile, the wife filed a case for maintenance & detention of appellant.
- · The court passed a decree of judicial separation instead of divorce.
- · Both the appellant & respondent filed appeals in HC against the decree.
- · The HC admitted the wife’s plea & held there was no mental cruelty based on lack of the evidences & reversed the order of trial court.
- · The appellant filed an appeal in SC.
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Appellant's contentions:
It was contended that decision of HC is erroneous & discarded the evidences. Mental cruelty has been clearly established as the wife asked the husband to do certain things which can’t be considered as normal advices & used abusive language & humiliated him in front of everyone. Therefore, divorce should be granted. &Respondent's contentions:
It was contended that allegations on the behavior of wife are vague & doesn’t amount to cruelty. The wife has full faith on her husband.
Judgement:
The Supreme Court allowed the appeal & withheld the decision of HC in not granting divorce. The court observed that the constant nagging & inappropriate behavior of the wife has certainly caused mental agony to the husband which amounts to cruelty.
“The conduct, taking into consideration the circumstances and background has to be examined to reach the conclusion whether the conduct complained of amounts to cruelty in the matrimonial law. Conduct has to be considered, as noted above, in the background of several factors such as social status of parties, their education, physical and mental conditions, customs and traditions. It is difficult to lay down a precise definition or to give exhaustive description of the circumstances, which would constitute cruelty. It must be of the type as to satisfy the conscience of the court that the relationship between the parties had deteriorated to such an extent due to the conduct of the other spouse that it would be impossible for them to live together without mental agony, torture or distress, to entitle the complaining spouse to secure divorce.
Mental cruelty may consist of verbal abuses and insults by using filthy and abusive language leading to constant disturbance of mental peace of the other party."
- Para 12 (A. Jayachandra v. Aneel Kaur)
