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2000 Supreme(All) 1113
IN THE HIGH COURT OF ALLAHABAD
O. P. GARG, M. C. JAIN
ABHA AGARWAL - Appellant
Versus
SUNIL AGARWAL - Respondents
First Appeal 88 Of 2000
Decided On : 08/28/2000
PRAKASH KRISHNA, RAVI KANT CHADHA
The main legal point established in the judgment is the definition and application of cruelty in matrimonial disputes under the Hindu Marriage Act, including the consideration of mental cruelty and the principle of condonation. The Court's decision also emphasizes the obligation of the husband to provide for the maintenance of the wife and child under Section 25 of the Act.
Headnote:
Cruelty - Matrimonial Dispute - Hindu Marriage Act - Section 13(1)(ia), Section 23(1)(a), Section 25 - The legal conception of cruelty and the kind or degree of cruelty necessary to amount a matrimonial offence has not been defined by Indian Legislature. The law is to be gathered from decided cases. The language of clause 13 (1) (ia) of the Hindu Marriage Act is comprehensive enough to include cases of physical as well as mental cruelty. The cruelty may be inferred from the whole facts and matrimonial relations of the parties and interaction in their daily life disclosed by the evidence. The leading case on the aspect of matrimonial cruelty is that of Dr. N. G. Dastane v. Mrs. S. Dastane, AIR 1975 SC 1534. The Supreme Court observed that what the Courts must determine is not whether the petitioner has proved the charge of cruelty having regard to the principles of English law, but whether the petitioner proves that the respondent treated him with such cruelty as to cause a reasonable apprehension in his mind that it will be harmful or injurious for him to live with the respondent. The Court also considered the principle of condonation as per Section 23(1)(b) of the Hindu Marriage Act, which provides for the grant of permanent alimony and maintenance either at the time of passing a decree or at any time subsequent thereto.
Fact of the Case:
The appellant, the wife, filed an appeal against the judgment and decree of divorce passed by the Family Court, Allahabad, on the ground of cruelty. The husband had alleged that the wife treated him and his family with cruelty, leading to the dissolution of their marriage. The wife refuted the allegations and claimed that the husband and his family members had tortured her for bringing less dowry. The trial Judge found in favor of the husband, granting a decree of divorce on the ground of cruelty, which the wife appealed.
Finding of the Court:
The Court found that the wife had treated the husband with cruelty, leading to the dissolution of their marriage by a decree of divorce. The Court rejected the wife's plea of condonation and held that there was irreparable breakdown in the matrimonial tie due to the wife's continuous hostility and misbehavior towards the husband. The Court also directed the husband to pay a sum of Rs. 3 Lacs to the wife as permanent alimony and maintenance under Section 25 of the Hindu Marriage Act.
Issues: The issues revolved around the allegations of cruelty by the husband against the wife, the plea of condonation, and the grant of permanent alimony and maintenance to the wife.
Ratio Decidendi: The Court's decision was based on the finding that the wife had treated the husband with cruelty, leading to the irreparable breakdown of the matrimonial tie. The Court also considered the principle of condonation as per Section 23(1)(b) of the Hindu Marriage Act and directed the husband to pay a sum of Rs. 3 Lacs to the wife as permanent alimony and maintenance under Section 25 of the Act.
Final Decision: The Court dismissed the wife's appeal, upheld the decree of divorce on the ground of cruelty, and directed the husband to pay a sum of Rs. 3 Lacs to the wife as permanent alimony and maintenance within three months from the date of the judgment.
M. C. JAIN, J.
( 1 ) THE appellant is the wife who had filed this appeal against her husband-respondent challenging the judgment and decree dated 1/11/1999 passed by Smt. Shadhana Chaudhary, Judge, Family Court, Allahabad in matrimonial petition No. 178 of 1993 (Sunil Agarwal v. Smt. Abha Agarwal), whereby the marriage of the couple has been dissolved by a decree of divorce on the ground of cruelty. The husband was the petitioner before the Court below.
( 2 ) THE husband founded the divorce petition on these allegations : The husband belongs to a very respectable family of Allahabad whereas the wife comes from a family of Tilhar, District Shahjahanpur. Their marriage was solemnized at Allahabad in March 1988. Their wedlock gave birth to a male child. His father is an old businessman; his brother is one of the leading doctors of Allahabad and his wife is also a medical practitioner. He himself is a law graduate, but is engaged in business. He with his wife jointly lived in Bunglow No. 22a/1 Tagore Town, Allahabad with other family members till 30/08/1992. His parents are old and aged requiring nursing and care. He is very much attached to his parents, elder brother and sister-in-law are equally affectionate to him. After the marriage, his wife lived with him only for about ten days. From the very beginning she was hostile, asking him to abandon her and to leave her at her home, giving out that she never wanted to marry. After a month she was brought by him to his home after Vidai. This time also, her attitude did not change. Her treatment towards him, his parents, brother and sister-in-law became harsh. She disrespected and humiliated them all the time using insulting language. On his interference she used to quarrel with him throughout the night. In June 1988 he suffered from jaundice. She remained totally indifferent towords him during his ailment and continued with her activities of quarrelling with his parents, brother and sister-in-law. Somehow, he recovered and then she started insisting that he should separate from his parents and brother. On his not agreeing to her proposal, she started creating havoc, abusing all the family members including him and fomenting all sorts of trouble leading to un-peaceful atmosphere in the house. The cruel treatment of his wife hurt him and other family members. In April 1988 she was found to be pregnant. Her insistent desire to live separately strengthened when she was pregnant. He and his wife had been once invited by the latters brother-in-law at Allahabad in a birthday party. While he was bringing her back on scooter, she refused to go to his house and jumped from the pillion seat of the scooter, causing injury to herself. His all attempts and those of his family members went unheeded and could not bring about the slightest change in her behaviour. She continued to be furious and to misbehave with all of them. She went away to her brother-in-laws place saying that she had no relations with him and his family and she would better stay at the house of her parents. He was not only hurt but was mentally and spiritually broken at the cruel treatment of his wife. He was then constrained to file a petition for divorce against her. She did not file any written statement there. Instead, her parents and well-wishers intervened and implored him and his parents to give her one more chance to correct herself. On such entreaties, he and his parents took pity and she again started living with him and his family members since the last week of January 1991. He did not prosecute his petition for divorce which ended in dismissal for default.
( 3 ) SHE behaved normally for a while but renewed her demand of separate living offering vigorous insults to him and other family members hurling abuses. She also held out a threat to end her life to get him and his family members imprisoned. Her anger became so violent that she threatened to beat him and his parents with shoes. He had great love for his only son.
