Back
G.N.RAY, PABITRA KUMAR BANERJEE
SANTANA BANERJEE – Appellant
Versus
SACHINDRA NATH BANERJEE – Respondent
What is the scope of cruelty under Hindu Marriage Act Section 13(1)(ia) as applied in this case? What are the considerations and admissibility of subsequent events and condonation in evaluating a divorce petition for cruelty? What factors determine whether corroboration is required for proving cruelty in a matrimonial dispute?
Key Points: - The wife’s disparaging remarks and false allegations against husband and family found to constitute cruelty under Section 13(1)(ia) (!) - Court held that subsequent events (post-pleading conduct and statements) can be considered in determining cruelty and in shortening litigation (!) (!) - Condonation not established; husband did not forgive or start a new conjugal life; attempts at reconciliation did not equate to condonation (!) (!) - Corroboration of cruelty allegations not strictly necessary; wife’s own statements and conduct provided evidence (!) (!) - Trial court’s rejection of husband’s pleading amendment deemed justified; evidence viewed in totality to assess cruelty (!) (!) - High Court dismissed appeal; upheld decree for divorce on grounds of grave cruelty (!) (!) - Court emphasized that evidence regarding falsity of police complaints and alleged anti-social threats contributed to cruelty finding (!) (!)
( 1 ) THIS appeal is directed against the judgment and decree passed by the learned Additional District Judge, 14th Court at Alipore in Matrimonial Suit No. 147 of 1979. By the aforesaid judgment and decree, the said Matrimonial Suit for decree for divorce prayed for by the applicant respondent husband Sri Sachindra Nath Benerjee against the appellant wife Sm. Santana Banerjee was allowed.
( 2 ) THE case of the applicant husband was, inter alia, that the parties to the suit were Hindus and were married according to the Hindu rites. But from the very beginning of the marriage, the wife failed and neglected to maintain the proper marital relationship between the parties and in the application the applicant husband gave instances of improper behaviour of the wife for which the husband suffered a great mental torture. It was, inter alia, contended by the husband that the wife was over conscious about her family background and social status of her father and grandfather and she indulged in openly commenting that the husband and his family members were rustic and uncultured. The applicant husband further contended that the wife used to hurl abuse in the name of the cousin
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
