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1993 Supreme(SC) 1093

B.P.JEEVAN REDDY, KULDIP SINGH
V. Bhagat – Appellant
Versus
D. Bhagat (Mrs) – Respondent


Judgement Key Points

Key Points: - The judgment discusses Section 13(1)(i-a) grounds, specifically cruelty, including mental cruelty, and how they are established (!) (!) (!) . - It explains that cruelty can be mental or physical, and need not cause injury to health; the conduct must make living together unreasonable given circumstances (!) (!) . - It notes the Hindu Marriage Act amendment in 1976 and the scope of Section 13(1)(i-a) for divorce (not just judicial separation) and the removal of requirement for reasonable apprehension of harm (!) (!) (!) . - It provides decisions and standards on evaluating cruelty, including the impact of cross-examination and pleadings, and that in exceptional cases, a court may grant divorce on pleadings without full trial to resolve an insoluble mess (!) (!) (!) (!) . - The case details the unusual remedies due to irretrievable breakdown and ongoing rancor, leading to dissolution of marriage (!) (!) (!) . - It emphasizes that the cruelty must be evaluated in context, with no exhaustive definition, considering social status, culture, and circumstances (!) (!) (!) .

What is the ground of cruelty under Hindu Marriage Act Section 13(1)(ia) as applied in this case?

What constitutes mental cruelty in the context of dissolution of marriage under Section 13(1)(ia) and how is it established?

What circumstances justify the extraordinary step of granting a divorce on the basis of pleadings and written statements without a full trial?


Judgment

B. P. JEEVAN REDDY J. - This is an unusual case calling for an unusual solution. The husband sued for divorce on the ground that the wife is guilty of adulterous course of life. The wife not only denied the allegation -she attributed the allegation to lack of mental equilibrium of the husband. The husband then amended his petition; he alleged a new ground for divorce viz., mental cruelty. According to him, the allegations made in the written statement per se constitute cruelty which entitled him straightway to a divorce without going into the original allegation of adultery. He is also relying upon certain questions put to him in cross-examination by the counsel for the respondent and the said counsels explanatory statement made in that connection. We may elaborate.

2. The petitioner-applicant, Shri V. Bhagat is an Advocate practising in this Court and Delhi High Court. He is now aged about 55 years. The respondent-wife is working at present as the Vice-President of I.T.D.C.. a Public Sector Corporation. She is aged about 50 years. They were married in the year 1966. They have two grown-up children now - a son and a daughter. The son is a doctor while the daughter holds a de






































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