Bench :
Justice Kuldip Singh and Justice B.P. Jeevan Reddy
Issue :
What is the meaning of 'mental cruelty' as one of the grounds for divorce under HMA,1955?
Facts:
- The appellant- husband married the respondent in 1966.
- In 1985, the appellant filed divorce petition against the wife on grounds of adultery. In her written statement, it was alleged that her husband & family members are lunatics.
- The case was pending in the courts for years & transferred to HC for speedy trial.
- The husband amended the petition and seeks divorce on grounds of mental cruelty on the basis of allegations put on him.
- Appellant filed the application in SC.
Appellant's contentions:
It was contended that the husband is not in a position to live with the wife after allegations regarding his mental health are made and therefore, divorce should be granted on the ground of ‘mental cruelty’ u/s 13(1)(i-a) of Hindu Marriage Act,1955.
Respondent's contentions :
It was contended that the wife has every right to put correct facts to defend her against the allegations put on her.
Judgement:
The Supreme Court withdrew the petition pending before HC & dissolved the marriage between the parties.
The court observed that the wife indeed has the right to defend herself against the allegations of adultery. However, she doesn’t have the right to go beyond defending & contend that her husband needs psychological treatment. In view of her statements, it cannot be possibly expected from the husband to live with her. Mental cruelty has been caused & therefore, the divorce was granted.
"Mental cruelty in Section 13(1)(i-a) can broadly be defined as that conduct which inflicts upon the other party such mental pain and suffering as would make it not possible for that party to live with the other. In other words, mental cruelty must be of such a nature that the parties cannot reasonably be expected to live together. The situation must be such that the wronged party cannot reasonably be asked to put up with such conduct and continue to live with the other party. It is not necessary to prove that the mental cruelty is such as to cause injury to the health of the petitioner. What is cruelty in one case may not amount to cruelty in another case. If it is a case of accusations and allegations, regard must also be had to the context in which they were made."
-Para 16 (V. Bhagat v. D. Bhagat)
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