Advocates:
Advocate Appeared:
For the Petitioner:Petitioner-in-person
For the Respondent: Mr. Rana Mukherjee, Sr. Adv. (A.C.), Mrs. Neha Sharma, AOR, Ms. Surabhi Guleria, Adv.

What constitutes mental cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955? Does subjecting a husband to a trial under Section 498A IPC, resulting in acquittal, amount to cruelty by the wife?

Key Points: - Marriage solemnized on 14.08.2005; parties lived together until 17.01.2007 and separated for over 10 years [1000642990002][1000642990003]. - Appellant filed for divorce under Section 13(1)(i-a) and (iii) of Hindu Marriage Act on grounds of cruelty and mental illness; trial court and High Court dismissed petition [1000642990003][1000642990004]. - Respondent filed FIR under Section 498A IPC (CC No.672/2007); appellant acquitted as prosecution failed to prove charges [1000642990005][1000642990009] (!) (!) . - Trial court rejected cruelty ground partly because 498A case was pending at time of judgment [1000642990009]. - Supreme Court held that wife's prosecution under Section 498A IPC, leading to husband's trial and acquittal, constitutes cruelty and valid ground for divorce under Section 13(1)(i-a) [1000642990012][1000642990013]. - Averments and character assassination in written statement can constitute mental cruelty, citing Vijaykumar Ramchandra Bhate [1000642990010]. - Mental illness ground rejected due to insufficient evidence; respondent working as Sanskrit Lecturer [1000642990008]. - Appeal allowed; decree of divorce granted on ground of cruelty [1000642990013][1000642990015]. - Appellant directed to pay Rs.2000/- per month maintenance for minor daughter, starting December 2019 [1000642990014].

What constitutes mental cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955?

Does subjecting a husband to a trial under Section 498A IPC, resulting in acquittal, amount to cruelty by the wife?