Vijaykumar Ramchandra Bhate – Appellant
Versus
Neela Vijaykumar Bhate – Respondent
What constitutes mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955? Do withdrawn accusations of unchastity in a written statement absolve a husband of liability for cruelty?
Key Points: - Wife filed for divorce under Section 13(1)(ia) of Hindu Marriage Act on grounds of cruelty; trial court granted decree based on husband's allegations of unchastity in written statement, despite later amendment withdrawing them (!) (!) - High Court affirmed trial court's decision, finding husband's accusations constituted mental cruelty; husband's appeal for restitution of conjugal rights dismissed (!) [1000078010001] - Supreme Court held that levelling accusations of unchastity and extra-marital relations is a grave assault on wife's character, honour, and reputation, amounting to worst form of insult and cruelty sufficient for divorce [judgement_subject][1000078010006] - Such allegations in written statement satisfy legal requirements for cruelty, even if made in pleadings or cross-examination [1000078010006] - Subsequent amendment deleting accusations does not absolve husband of cruelty, as impact persists; cruelty assessed by intensity and stigmatic impact, not duration or frequency (!) [1000078010010] - Husband's reply dated 17.1.90 reaffirmed allegations, rendering withdrawal insincere; trial court order on amendment clarified it does not erase prior reliance (!) [1000078010008][1000078010009] - Courts below correctly relied on original written statement allegations, which were deliberate, pungent, and persisted over time, making matrimonial home untenable [1000078010007][1000078010010] - Supreme Court dismissed husband's appeals, confirming divorce decree and finding no scope for reconciliation given mutual hatred [1000078010011] (!)
JUDGMENT
D. Raju, J.-The above appeals have been filed by the husband, who lost before both the courts below, challenging the orders granting dissolution of the marriage solemnized between parties on 10th June, 1973 at the instance of the respondent wife and dismissing the petition filed by the appellant seeking for the relief of restitution of conjugal rights and custody the two daughters. The wife filed M.J. Petition No.382 of 1983 under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, seeking for dissolution of the marriage and grant of divorce on the ground of cruelty said to have been meted out to the wife. In support of her claim, the wife narrated several instances of harassment and nagging attitude, which caused her mental agony and serious set back in health. These were ultimately considered and viewed by the learned Family Court Judge to be mere normal wear and tear of marital life. But at the same time, the allegations made by the husband, extensively with enumeration of instances and incidents against wife branding her as an unchaste woman, keeping illicit relations - sexually and otherwise with one Ramesh Sawant, the son of a neighbour, though subsequently withdrawn
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.