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IN THE HIGH COURT AT CALCUTTA
SABYASACHI BHATTACHARYYA, UDAY KUMAR
Dhiraj Guin – Appellant
Versus
Tanusree Majumder – Respondent
JUDGMENT :
SABYASACHI BHATTACHARYYA, J.
1. The appellant-husband has preferred the present first appeal against a judgment and decree dismissing his suit for divorce, which was instituted on the ground of cruelty.
2. The parties contracted marriage under the Special Marriage Act on December 15, 2005 and subsequently performed Hindu rites and customs, thus bringing the marriage within the purview of the Special Marriage Act. The parties married at Nabadwip, their matrimonial home, and thereafter shifted on March 8, 2006 to Kolaghat at Mecheda, where the husband has quarters by dint of his service. The parties lived together there and on May 9, 2008, the respondent-wife shifted to her own quarters at Narkeldanga, which was allotted to her by virtue of her service in the Railways at Sealdah.
3. On September 25, 2008, the appellant-husband-instituted the divorce suit. On October 27, 2008, the wife sent a complaint against the husband and his family by registered post to the Nabadwip Police Station. A criminal proceeding was accordingly initiated under Section 498A of the Indian Penal Code. Admittedly, during the pendency of the suit, the respondent-wife has shifted to another accommodation
Unfounded baseless allegations by spouse amounts to cruelty and may provide ground for dissolution of marriage.
1. Cruelty as a ground for divorce has to be distinguished from the ordinary wear and tear of family life and has to be adjudged on the basis of the course of conduct which would in general be danger....
Cruelty as a ground for divorce under the Hindu Marriage Act requires substantial proof, which was not established in this case.
The court affirmed that the evidence of persistent cruelty justified the dissolution of marriage under Section 13(1)(ia) of the Hindu Marriage Act, establishing a clear breakdown of the marital relat....
Cruelty under the Hindu Marriage Act encompasses both physical and mental aspects, assessed on a preponderance of evidence standard.
Continuous baseless allegations and criminal complaints by one spouse can constitute mental cruelty, justifying divorce when the marriage has irretrievably broken down.
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