Cruelty refers to acts of violence. A simple dispute, petty outrageous behaviour, or differences between the spouses, on the other hand, do not fall under the category of cruelty because they are all part of everyday marital life. Cruelty-inducing behaviour should be harsh and severe in character. Grave violence does not always have to be physical.
Will allegations affecting the reputation and career of the husband amount to mental cruelty by the wife?
Does the repeated filing of complaints and cases fall within the ambit of cruelty as a ground for divorce?
The Supreme Court has observed that if a wife levels allegations against her husband that are likely to affect his reputation and career, it shall amount to mental cruelty and be a valid ground for granting a divorce.
The Supreme Court has held that the repeated filing of complaints and cases against a spouse will amount to cruelty for the purpose of granting divorce under the Hindu Marriage Act.
Supreme Court of India
Joydeep Majumdar vs Bharti Jaiswal Majumdar on 26 February, 2021 Author: Hrishikesh Roy
[REPORTABLE]
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 3786-3787 OF 2020
JOYDEEP MAJUMDAR APPELLANT(S)
VERSUS
BHARTI JAISWAL MAJUMDAR RESPONDENT(S)
J U D G M E N T
Hrishikesh Roy, J.
1. Heard Mr. Gopal Sankaranarayanan, the learned Senior Counsel appearing for the appellant (Husband). Also heard Mr. Ahmad Ibrahim, learned counsel appearing for the respondent (Wife).
2. The challenge in these appeals is to the analogous judgment and order dated 25.6.2019 in the First Appeal No. 81 of 2017 and First Appeal No. 82 of 2017 whereby the High Court of Uttarakhand had allowed both appeals by reversing the common order dated 4.7.2017 of the Family Court, Dehradun. Before the Family Court, the appellant succeeded with his case for dissolution of marriage but the respondent failed to secure a favourable verdict in her petition for restitution of conjugal rights.
3. The appellant is an Army Officer with M.Tech qualification. The respondent is holding a faculty position in the Government P G College, Tehri with Ph.d degree. They got married on 27.9.2006 and lived together for few months at Vishakhapatnam and at Ludhiana. But from the initial days of married life, differences cropped up and since 15.9.2007, the couple have lived apart.
4. Following the estrangement, the appellant earlier applied for divorce from the Family Court at Vishakhapatnam. The respondent then filed a petition against the respondent in the Dehradun Court for restitution of conjugal rights. Later, when she learnt of the case filed by the appellant at Vishakhapatnam, the respondent filed Transfer Petition (C) No. 1366/2011 before this Court. The appellant appeared before the Supreme Court and stated that the case at Vishakhapatnam would be withdrawn. This Court then recorded the following order:
Counsel for the respondent states that the respondent would withdraw his petition pending before the Family Court at Visakhapatnam, Andhra Pradesh and in case he has to file any petition seeking any relief against the petitioner (his estranged wife), he will file the petition only before the proper Court at Dehradun, Uttarakhand. In view of the statement made at the Bar, the petitioner is left with no grievance.
The transfer petition is disposed of. We may, however, observe that in case the respondent files a petition at Dehradun, the Dehradun Court shall take it up and dispose it of expeditiously and without any undue loss of time.
5. In the divorce proceeding, the appellant pleaded that he was subjected to numerous malicious complaints by the respondent which have affected his career and loss of reputation, resulting in mental cruelty. On the other hand, the respondent in her case for restitution of conjugal rights contended that the husband without any reasonable cause had deserted her and accordingly she pleaded for direction to the appellant, for resumption of matrimonial life.
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Cruelty is a ground of divorce under Section 13 of the Hindu Marriage Act, 1955. According to Section 13, any marriage can be dissolved through a divorce decree if the other party “has persistently or repeatedly treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the petitioner that it will be harmful or injurious for the petitioner to live with the other party [...].”
Divorce cases are quite complex and involve both mental and financial stress. It is advised to engage the services of a lawyer to alleviate the stress caused by the court proceedings. Besides, an expert divorce lawyer is well-equipped to help you with your case and ensure a favourable outcome.
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