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2001 Supreme(P&H) 902
PUNJAB & HARYANA HIGH COURT
J.S.Narang, J.
Shivani Chattopadhyaya
Versus
Siddharth Chattopadhyaya
First Appeal First Order No. 186M of 1998,
Decided On : AUGUST 23, 2001
The judgment establishes the definition of cruelty under Sec. 13(1)(i)(a) of the Hindu Marriage Act, 1955, emphasizing the impact of mental cruelty on the matrimonial relationship and the changing nature of matrimonial duties and responsibilities in society.
Headnote:
Divorce - Cruelty - Hindu Marriage Act, 1955 - Sec. 13(1)(i)(a) - Summary of Acts and Sections: The court discussed the grounds for divorce under Sec. 13(1)(i)(a) of the Hindu Marriage Act, 1955, and the definition of cruelty. The judgment highlighted the impact of mental cruelty on the spouse and the expectations of respectful and cordial behavior between spouses and towards their respective parents. The court also referred to the observations made by the Apex Court in Shobha Rani v. Madhukar Reddi, AIR 1988 SC 121, regarding the nature of cruelty and the changing matrimonial duties and responsibilities in society.
Fact of the Case:
The appellant and respondent got married in 1987. The appellant, Shivani, alleged that the respondent, Siddharth, was involved in an extramarital affair and subjected her to mental and physical cruelty. The respondent filed for divorce on the grounds of cruelty under Sec. 13(1)(i)(a) of the Hindu Marriage Act, 1955.
Finding of the Court:
The court found in favor of the respondent, granting a decree of divorce, as it determined that the appellant had caused mental and physical cruelty to the respondent, impacting their matrimonial relationship. The court also noted the lack of compatibility between the spouses, leading to the dismissal of the appeal.
Issues: 1. Whether the marriage between the parties is liable to be dissolved by way of decree of divorce on the ground of cruelty? 2. Whether the petition is not maintainable? 3. Relief.
Ratio Decidendi: The court held that the appellant's behavior, including insults towards the respondent's parents and overbearing conduct, constituted mental cruelty. The court also emphasized the changing nature of matrimonial duties and the impact of such conduct on the complaining spouse. The lack of compatibility between the spouses was a key factor in the court's decision.
Final Decision: The court dismissed the appeal, finding no merit in the appellant's arguments and granting a decree of divorce in favor of the respondent.
J.S.NARANG, J.
1. Appellant-respondent Smt. Shivani Chattopadhyaya for short referred to as ("Shivani") and respondent-petitioner Shri Siddharth Chattopadhyaya, IPS (for short referred to as"Siddharth") got married on 8/02/1987 as per Hindu rites and ceremonies at Chandigarh in the presence of their respective relatives and other respectables. It shall be apposite to notice here that the parents of Siddharth did not participate in the performance of religious rites and the marriage function on account of death of grandfather of Siddharth and that despite request by Siddharth to postpone the marriage by about six months, marriage was solemnised on 8/02/1987. Grandfather of Siddharth died on 18/12/1986. Thus, it was too raw to ask son and his wife (father and mother of Siddharth) to participate in the marriage.
2. In fact, Siddharth and Shivani had met each other while studying in Punjab University during the academic session 1983-84 and that they were both students of M. A. History. Both developed liking for each other and the friendship turned into love affair. Siddharth is a Bengali Brahaman whereas Shivani is a Punjabi Hindu girl. Siddharth got selected in IPS and was undergoing training in National Police Academy, Hyderabad, which commenced on 14/12/1986. Thus, the marriage took place during his training period and after solemnisation of marriage, they lived together and celebrated their honeymoon at Hyderabad. Shivani was warmly accepted by the family of Siddharth. Siddharth was allocated State of Punjab and upon completion of his training at Hyderabad, was detailed for informative training in State of Punjab with Punjab Police. In this part of the training, he was detailed for short periods in various districts. During this spell, Shivani preferred to stay at her parental house at Chandigarh. She was expecting a child at that time and Siddhanth took leave for ten days when Shivani was admitted to PGI. A baby boy was born on 5/12/1987 at PGI Chandigarh. Baby boy was named as Siddharth Chattopadhyaya. Both the families were happy on this occasion and were together in Middle of December, 1987. It was in January 1988, Siddharth stood posted as A.S.P. Police Station, Rajpura and the small family i.e. Siddharth, Shivani and their son stayed together. It was at the end of January, 1988, they received another good piece of news, fixation of solemnisation of marriage of younger sister of Siddharth and the same was fixed for 4/02/1988. The marriage was to be solemnised at the parental house of Siddharth at Roorkee. This small family attended the marriage and in the meanwhile Siddharth stood posted at Amritsar. It was in April 1988, Siddharth was again required to report at National Police Academy, Hyderabad, for completion of second phase of training. However, the small family i.e. Shivani and their son joined Siddharth at Hyderabad in January, 1988. On completion of training, Siddharth passed out as an IPS officer on 30/07/1988. It is, thereafter, a small religious ceremony, relating to a newly born child, was performance on 15/08/1988 at the parental house of Siddharth at Roorkee. Father of Siddharth retired as Brigadier in the month of September, 1988 and permanently got settled along with his wife at Jaipur. Siddharth was again required to undergo part of the training at National Academy of Administration, Mussoorie and during this period the small family again stayed together. Training/course was completed in December, 1988.
3. On completion of the aforesaid training, Siddharth was posted as ASP Ludhiana. This posting was termed as sensitive in nature as the terrorism had started brewing up and acquired a galloping speed and reached its peak in a short span. Being a young dynamic officer, he was expected to fight terrorism with exemplary courage and risk of every nature. Such act expected and demanded out of Siddharth to remain ready all the 24 hours. As a sequel thereto, he remained away from matrimonial home not only
