2021 Supreme(SC) 110

SUPREME COURT OF INDIA
Sanjay Kishan Kaul, Dinesh Maheshwari, Hrishikesh Roy, JJ.
JOYDEEP MAJUMDAR – APPELLANT(S)
Vs.
BHARTI JAISWAL MAJUMDAR – RESPONDENT(S)
Civil Appeal Nos. 3786-3787 of 2020
Decided on : 26-02-2021

IMPORTANT POINTS
(1) Divorce – When husband has suffered adverse consequences in his life and career on account of allegations made by wife, legal consequences must follow and those cannot be prevented only because no Court has determined that allegations were false.
(2) Cruelty – Degree of tolerance will vary from one couple to another and Court will have to bear in mind background, level of education and also status of parties, in order to determine whether cruelty alleged is sufficient to justify dissolution of marriage, at instance of wronged party.

Headnote:

Hindu Marriage Act, 1955 – Section 13 – Divorce – Cruelty by wife – For considering dissolution of marriage at instance of a spouse who allege mental cruelty, result of such mental cruelty must be such that it is not possible to continue with matrimonial relationship – Respondent had made several defamatory complaints to appellant’s superiors in Army for which a Court of inquiry was held by Army authorities against appellant – Primarily for those, appellant’s career progress got affected – Respondent was also making complaints to other authorities, such as, State Commission for Women and has posted defamatory materials on other Platforms – Appellant’s career and reputation had suffered – When appellant has suffered adverse consequences in his life and career on account of allegations made by respondent, legal consequences must follow and those cannot be prevented only because no Court has determined that allegations were false – Allegations are levelled by a highly educated spouse and they do have propensity to irreparably damage character and reputation of appellant – When reputation of spouse is sullied amongst his colleagues, his superiors and society at large, it would be difficult to expect condonation of such conduct by affected party – Explanation of wife that she made those complaints in order to protect matrimonial ties would not justify persistent effort made by her to undermine dignity and reputation of appellant – In circumstances like this, wronged party cannot be expected to continue with matrimonial relationship and there is enough justification for him to seek separation – High Court was in error in describing broken relationship as normal wear and tear of middle class married life – It is a definite case of cruelty inflicted by respondent against appellant and as such enough justification is found to set aside impugned judgment of High Court and to restore order passed by Family Court – Appellant held entitled to dissolution of his marriage and consequently respondent’s application for restitution of conjugal rights stands dismissed – Ordered accordingly. (Paras 11, 12, 13, 14 and 15)

Facts of the case:

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, couple have lived apart. 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 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. Question which requires to be answered here is whether the conduct of the respondent would fall within the realm of mental cruelty.

Findings of Court:

Wronged party cannot be expected to condone such conduct and continue to live with his/her spouse. The degree of tolerance will vary from one couple to another and Court will have to bear in mind the background, the level of education and also the status of the parties, in order to determine whether the cruelty alleged is sufficient to justify dissolution of marriage, at the instance of the wronged party.

Result : Appeal allowed.