Back
SUPREME COURT OF INDIA
SANJIV KHANNA, M. M. SUNDRESH, JJ.
Smt. Roopa Soni – Appellant
Versus
Kamalnarayan Soni – Respondent
Civil Appeal No. 5700 of 2023 (Arising out of SLP (C) No.15793 of 2014)
Decided on : 06-09-2023
(A) Hindu Marriage Act, 1955 – Section 13(1) (ia) – Cruelty – Word ‘cruelty’ under Section 13(1)(ia) of Act of 1955 has got no fixed meaning, and gives very wide discretion to Court to apply it liberally and contextually – What is cruelty in one case may not be same for another – It has to be applied from person to person while taking note of attending circumstances – What is cruelty for a woman in a given case may not be cruelty for a man – Relatively more elastic and broad approach is required when Court examines a case in which a wife seeks divorce. (Paras 5 and 7)
(B) Hindu Marriage Act, 1955 – Sections 13(1) and 13(1A) – Divorce – Cruelty by wife – Concept of “social justice adjudication” – Burden of proof lies on petitioner – However, degree of probability is not one beyond reasonable doubt, but of preponderance – Even with such a liberal construction of matrimonial legislations, socio-economic stigma and issues attached to a woman due to divorce or separation are raised – In case at hand, for a decade and half parties have been living separately – Marriage does not survive any longer and relationship was terminated otherwise except by a formal decree of divorce – Allegations made by him against her are as serious as allegations made by her against him – Both parties have moved away and settled in their respective lives – There is no need to continue agony of a mere status without them living together – Decree of divorce granted. (Paras 8, 10, 17, 19 and 20)
Facts of the case:
Marriage was solemnized in the year 2002. It fell into rough weather after the birth of their child. Disputes started between the parties from 2006 onwards. Appellant–Wife registered a complaint under Section 498A of Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961. Respondent-Husband had questioned the character of appellant-Wife. Respondent-Husband demanded a medical examination of appellant–Wife, alleging she was living in adultery and had given birth to a child during the period of non-cohabitation. Said request was nullified by Order of the High Court.
Findings of Court:
We are inclined to set aside judgment of Trial Court as confirmed by High Court of Chhattisgarh in F.A. (M) No. 115 of 2011. Accordingly, they are set aside and the appeal stands allowed by granting a decree of divorce.
Result : Appeal allowed.
Key Points: - The word ‘cruelty’ under Hindu Marriage Act Section 13(1)(ia) has no fixed meaning and is applied contextually, varying by person and attending circumstances. [1000781790004] - Burden of proof in divorce petitions is on the petitioner, with preponderance of probabilities rather than beyond reasonable doubt, and Section 23 imposes cautions against condonation and collusion. [1000781790009] (!) (!) - The Court may grant a decree of divorce on the ground of cruelty or irretrievable breakdown, considering social context, duration of separation, impact on children, and economic factors; the decision is discretionary and fact-specific under Article 142. [1000781790006] (!) (!)
JUDGMENT :
M.M. SUNDRESH, J.
Leave granted.
2. Section 13(1) and 13(1A) of the Hindu Marriage Act, 1955 (hereinafter referred to as Act of 1955) provide for various grounds for granting divorce:
(i) has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or
(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or (ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or
(ii) has ceased to be a Hindu by conversion to another religion; or
(iii) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.
Explanation.—In this clause,—
(a) the expression “mental disorder” means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia;
(b) the expression “psychopathic disorder” means a persistent disorder or disability of mind (whether or not including subnormality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it requires or is susceptible to medical treatment; or
xxx xxx xxx
(v) has been suffering from venereal disease in a communicable form; or
(vi) has renounced the world by entering any religious order; or
(vii) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive; [Explanation.—In this sub-section, the expression “desertion” means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly]. (1A) Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground—
(i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or
(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.”
3. The Amending Act of 1976 (Act 68 of 1976) had introduced clauses (ia) and (ib) to Section 13 and Section 13A etc. to liberalize grant of divorce. The Statement of Objects and Reasons, when the Bill was introduced, clearly spells out the reasons in the following words:
"(1) To liberalise the provisions relating to divorce;
(2) to enable expeditious disposal of proceedings under the Act; and
(3) to remove certain anomalies and handicaps that have come to light after the passing of the Acts."
4. Preceding the Bill, the Minister of Law and Justice and Company Affairs addressed a communication to the Chairman of the Law Commission of India on 17.01.1974, seeking his view towards liberalizing divorce proceedings, which resulted in the 59th Report of the Law Commission of India. The Amending Act of 1976 substantially amended Section 13 of the Act of 1955, while adding some more clauses. Suffice to state t
(1) Cruelty – What is cruelty in one case may not be same for another – It has to be applied from person to person while taking note of attending circumstances.(2) A dead marriage must be given a dec....
Mental cruelty can justify divorce when one spouse's conduct causes reasonable apprehension of harm to the other, as established in this case.
Cruelty in matrimonial law is subjective and must be assessed based on its impact on the aggrieved spouse, rather than rigid standards or expectations.
Cruelty in matrimonial law is assessed based on its impact on the aggrieved spouse, requiring a subjective evaluation of circumstances rather than a mere objective standard.
Cruelty and desertion must be proven with specific evidence; irretrievable breakdown of marriage is not a statutory ground for divorce under the Hindu Marriage Act.
The definition of cruelty in matrimonial law is complex and varies contextually, requiring sensitive judicial consideration of social dynamics and behaviors.
Cruelty in matrimonial law encompasses both physical and mental aspects, with the latter requiring a cumulative assessment of conduct that causes reasonable apprehension of harm to the aggrieved spou....
Cruelty in matrimonial law encompasses both physical and mental aspects, with the impact on the aggrieved spouse being crucial for determining divorce.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
