Few isolated incidents of cruelty no ground for divorce: SC

The Supreme Court in its recent judgment held that a few isolated incidents of long past cruelty does not constitute as a valid ground for divorce. The apex court passed this judgment as they observed the case of Suman Singh vs. Sanjay Singh. A bench stated that the incidents of cruelty alleged should be of recurring nature or continuing one and they should be in near proximity with the filing of the divorce petition. “ A petition seeking divorce on some isolated incidents alleged to have occurred 8-10 years prior to filing of the date of petition cannot furnish a subsisting cause of action to seek divorce after 10 years or so of occurrence of such incidents,” the court said while setting aside the divorce granted to the husband. The husband had laid down nine incidents of cruelty by wife in his divorce petition. One of the grounds projected as cruelty was that the wife misbehaved with him in front of his office colleagues. The court said no decree for divorce on one isolated incident can be passed. On this context, the bench said: “ Merely because both exchanged some verbal conversation in presence of others would not be enough to constitute an act of cruelty unless it is further supported by some incidents of a like nature. It was not so.” The husband, who had sought the divorce, was a & lsquo caretaker' in the Delhi government. The court, setting aside the divorce granted to him, said: “ He must be the “ Caretaker” of his own family that being his first obligation and at the same time attend to his Government duties to maintain his family.” The court while allowing the plea of the wife seeking restitution of conjugal rights said “ We hope and trust that the parties would now realise their duties and obligations against each other as also would realise their joint obligations as mother and father towards their grown up daughters. Both should, therefore, give quite burial to their past deeds/acts and bitter experiences and start living together and see that their daughters are well settled in their respective lives. Such reunion, we feel, would be in the interest of all family members in the long run and will bring peace, harmony and happiness.”

Marriage in India is considered to be a pious relationship between two individuals which should be endured by them till death and all Indian courts second this approach while deciding divorce matters. Thus, in matters where the couple approaches the court with petty grounds for divorce, the court puts in ample effort to make the couple reconcile with each other. The present decision of the court is an example to such couples who approach the court for every little tussle they have, instead of trying to fix it up at home.