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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
GOUTAM BHADURI, RADHAKISHAN AGRAWAL, JJ.
Uday Kumar Sharma S/o Shivkumar Sharma – Appellant
Versus
Priya Sharma D/o Shri Surendra Prasad Sharma – Respondent
FAM No. 176 of 2018
Decided On : 20-10-2022
Hindu Marriage Act, 1955 - Section 13(l)(i-a) - Evidence Act, 1872 - Section 138, 146 - Grant a Decree of Divorce - Abnormal Behaviour of Wife - Wife has abused and misbehaved with husband as well as his family members and also threatening to commit suicide - Husband was not in a position to live with wife and requested to grant a decree of divorce – As per statement of husband, wife was trying to commit suicide many a time. [Para 17]
Finding of the Court: It is clear that despite various opportunities, wife did not choose to contest her case - When principles and standards of mental cruelty explained by Supreme Court in above mentioned cases are examined in light of facts of present case, evidence on record shows that there is constant irresponsible conduct or abnormal behaviour of wife as stated above, which has been proved under Indian Evidence Act, 1872 - Therefore, when entire married life is reviewed as a whole, an inference can easily be drawn that their relationship has deteriorated to such an extent that it is extremely difficult for husband to live with wife - Thus, in Court considered view, husband has proved that wife is guilty of committing mental cruelty of such nature, which establishes a ground for dissolution of marriage - Family Court fell in error in not appreciating evidence in its true perspective and has recorded a perverse finding about cruelty within meaning of Section 13(1)(i-a) of Act of 1955 - Impugned judgment and decree is set aside and as a consequence, Court allow husband's application under Section 13(l)(i-a) of Act of 1955 and marriage solemnized between husband and wife is declared dissolved by a decree of divorce.
Result: Appeal allowed.
JUDGMENT :
RADHAKISHAN AGRAWAL, J.
1. The instant appeal is against the judgment and decree dated 12.07.2018 passed in Civil Suit No. 145-A/2016 by the Family Court, Camp Court Katghora, District Korba Chhattisgarh whereby application under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 (for short ‘Act of 1955’) filed by the husband seeking a decree of divorce on the ground of cruelty was dismissed. The present appeal is by the husband.
2. The husband filed a petition for divorce stating inter-alia that he was married to Priya Sharma on 19.05.2015 as per Hindu rites and rituals. After a week of marriage, on 26.05.2015 in morning, the husband saw that the wife was lying unconscious on bed and she was unable to breathe properly. The wife before her marriage was habituated to consuming liquor and Tobacco related Gutka, Pan Mashala and Mutton etc and after the marriage, she continuously used to consume such things and was spitting here and there in the room and also insisted for eating non-veg in intoxicating condition. On 30.12.2015, the wife tried to commit suicide by putting fire on her clothes but she was saved by the relatives of husband. It is further stated that without information she used to run away to the roof and tried to commit suicide by jumping over the roof, which shows her mental abnormality. The husband also pleaded that twice the wife has tried to consume pesticides. She frequently used to wander inside and outside the house with inner clothes and when the husband and his family members objected to such act, she threatened them to falsely implicate in criminal case. It is also stated that whenever she becomes pregnant, she used to take contraceptives and got rid of the pregnancy against the will of the husband and thereby she caused miscarriage. On 02.01.2016, she was taken to Psychiatrist Dr. V.P. Bajpai and thereafter referred to Dr. Prakash Narayan Shukla, Raipur. The husband was also threatened by the wife and in-laws to send him to jail for demand of dowry and cruelty, therefore, the husband made a complaint against brother and mother of the wife in Police Station Banki Mongra as well as Superintendent of Police, but the complainant was advised to take recourse to the procedure in a Court of law because of non-cognizable offence. Wife has abused and misbehaved with husband as well as his family members and also threatening to commit suicide. In such circumstance, the husband was not in a position to live with the wife and requested to grant a decree of divorce.
3. Per contra the wife, in her reply contended that she does not have any habit of consuming intoxicants as alleged by the husband and it is the husband who used to usually come at late nights in an inebriated condition and she does not have any habit of tobacco related intoxication like Pan, Tambaku, Gutka. It is pleaded that she is an educated lady and was previously working as a teacher. The husband and her mother-in-law had misbehaved with her and taunting her regarding dowry. She was medically treated by Dr. V.P. Bajpai on 02.01.2016 and thereafter, the husband has taken her to Dr. Prakash Narayan Shukla, Raipur. On 08.01.2016 and when Dr. Shukla had given advice to admit her in the hospital, but the husband took her back to the home without admitting in hospital. It is stated in her reply that neither she nor her relatives had ever threatened the husband and in-laws. It is also contended that when she was not admitted in hospital by her husband in Raipur and without providing any treatment, husband sent the wife to her maternal house on 20.02.2016, thereafter, her family members have arranged to treat her by Dr. Shukla Hospital where she was admitted for 21 days. She has further stated that the husband was negligent and careless.
4. Learned counsel for the husband would submit that the evidence of the husband would show that the wife has developed abnormal behaviour and used to hurl abuses on the entire family of the husband and was addicted to
Section 146 of Evidence Act, which permits a witness to be questioned, inter-alia, in order to test his veracity.
The judgment emphasizes the need for conduct to be 'grave and weighty' to constitute mental cruelty for divorce, and the impact on the wronged party's ability to continue the matrimonial relationship....
Divorce – Cruelty may be mental or physical – It may be intentional or unintentional – It is a matter of inference to be drawn by considering nature of conduct and its effect on complaining spouse.
Cruelty as a ground for divorce under the Hindu Marriage Act requires substantial proof, which was not established in this case.
Mental cruelty can constitute valid grounds for divorce where one spouse exhibits severe, uncontrollable behavior affecting the other’s peace of mind.
Insufficient evidence of mental disorder or cruelty fails to establish grounds for divorce under the Hindu Marriage Act.
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....
The main legal point established in the judgment is the application of the concept of mental cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, and the consideration of irretrievable b....
The legal conception of cruelty and the kind of degree necessary to establish it under the Hindu Marriage Act, 1955, was a key legal principle discussed in the judgment.
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