Case BriefsHigh Courts

Delhi High Court: A Division Bench of Hima Kohli and Asha Menon, JJ., while addressing a matrimonial appeal filed on behalf of the husband, held that,

Adultery can only be committed after marriage, allegation of having relationship before marriage cannot be a ground of adultery.

Petitioner being aggrieved by the Family Court’s decision of dismissal of his petition wherein he sought dissolution of his marriage with respondent 1 under Section 13(1)(i) and (ia) of the Hindu Marriage Act, 1955, filed the present appeal.

It has been alleged that right after the marriage wife of the petitioner had started showing her disinterest in the marriage, he states that respondent 1/ wife had allegedly abused the appellant/husband and his family members and proclaimed that she had no interest in the marriage.

Further she even disclosed of having a love affair with respondent 2 and that she desired to marry him.

Late after a few months, she left with all the valuables and leaving a letter in which she stated that she will not return back and preferred to live her life with respondent 2.

However, respondent 1/wife was brought back by her brother but appellant/husband did not allow her to enter the house.

Thus, in view of the above facts, petition for divorce was filed.

Respondent’s Stand

Wife/Respondent 1 while opposing the divorce petition admitted that she had disclosed about her previous affair but claimed that it was only after long discussions with her husband and his family members.

Further she submitted that the husband’s family had started harassing and torturing her for dowry and pressurised her to bring a luxury car which she could not fulfill.

Withe regard to above letter mentioned, she submitted that her sister-in-law had compelled her to write whatever husband’s family members forced her to write and sign.

On one incident, an actual attempt was also made to kill her by pressing her neck and she was saved only because neighbours had gathered on hearing her cries.

Her in-laws hatched a conspiracy to kill her by suffocating her with a pillow. During the said incident, she had received injuries on various parts of her body. The appellant/husband and his family members thought that she might die and so, she was thrown near her parental village.

A complaint against the appellant/husband and his family members under Section 498-A, 307, 504 and 506 of Penal Code, 1860 had been filed.

Analysis and Decision

Bench while analysing the the matter noted that the appellant failed to prove his entitlement to divorce in the grounds of adultery under Section 13(1)(i) of the Act.

Further the Court observed that,

Cruelty is no doubt, not measurable as a tangible commodity, but the standard for determining as to whether a particular conduct amounts to cruelty or only to normal wear and tear of marriage, has been the subject matter of several decisions of the Supreme Court.

Cruelty

Court also relied on the Supreme Court case: V. Bhagat v. D. Bhagat, AIR 1994 SC 710, wherein the following was held:

Mental cruelty in Section 13(1)(i-a) can broadly be defined as that conduct which inflicts upon the other party such mental pain and suffering as would make it not possible for that party to live with the other. In other words, mental cruelty must be of such a nature that the parties cannot reasonably be expected to live together.

As per the incidents stated by the appellant none of them, if at all committed, amount to “cruel” conduct.

To the above, bench stated that, a new bride would be hesitant in her new surroundings in the matrimonial home.

It is always for the husband’s family to make the new bride feel at home and accepted as a family member. Therefore, such conduct of the respondent 1/wife of being interested in remaining in her room or not showing initiative in doing household work can by no stretch of imagination be described as cruel behaviour.

Thus, in Court’s opinion, Family Court’s conclusion including the observation of accusation of adultery being heaped by the appellant/husband on respondent 1/wife are without any proof.

Thus the present appeal of the husband was dismissed in the above view. [Vishal Singh v. Priya, 2020 SCC OnLine Del 638 , decided on 12-06-2020]

Case BriefsHigh Courts

Kerala High Court: A Division Bench of A.M. Shaffique and N. Anil Kumar, JJ. dismissed a matrimonial appeal filed by the husband of a lady who was granted a divorce by the Family Court on the grounds of cruelty and desertion.

Respondent herein had filed a petition against her husband (appellant herein) before the Family Court, seeking divorce alleging cruelty and desertion. The contention urged by the respondent was that the appellant was demanding her to bring patrimony and she had to suffer cruelty at the hands of the appellant on account of such demands. Apart from this, the appellant also demanded her parents to sell the property which was allotted to her share in the will executed by her parents. Further, she was asked to perform perverted sex against her liking. As a result, she left the matrimonial home and started living separately since 30-12-2005. She also had a case that no attempt had been made by the appellant after the said date to take her back to the matrimonial home, and he had also not taken care of her or their child’s interest in any manner. Thus, such acts amounted to desertion for more than 2 years.

The Family Court after evaluating the evidences found that the wife was successful in proving cruelty and therefore she was entitled to a divorce. It was also found that the husband had deserted the wife and the child for more than two years and therefore the wife was entitled to divorce on the ground of desertion as well. Aggrieved thereby, the appellant filed an appeal.

Counsels for the appellant, Sebastian Champapilly, Annie George and Kurian Antony Edassery, argued that there was no material to prove any form of cruelty being meted out against the respondent. Further, it was contended that the respondent had left the matrimonial home without the knowledge and approval of the appellant. She had also not stated any specific reason for remaining away from the matrimonial home and therefore the allegation of desertion was not proved.

Whereas, counsel appearing for the respondent-wife, R. Reji, submitted that the court below had relied upon sufficient material to arrive at the finding that the wife had been subjected to severe cruelty and thus was justified in granting a divorce.

The Court held that “There is no perversity or illegality in the said finding warranting any interference.” As far as the appellant placed reliance upon certain photographs to prove that the couple had been leading a happy married life, the Court observed that “At the time of taking the photographs, they seem to be in a happy mood but that by itself does not mean that the couple was leading a happy married life, and there was no demand for patrimony.”

It was observed that the Family Court had placed reliance upon sufficient material to arrive at a finding that the appellant-husband had ill-treated his respondent-wife, which amounts to mental and physical cruelty. There was no reason to interfere with the said finding of fact, and there was no perversity or illegality in the said finding warranting any interference of this Court.

In view of the above, it was held that the matrimonial tie between appellant and respondent was irretrievably broken and there was no chance for a reunion. Thus, the appeal was dismissed. [Anish Jacob v. Rinku Jacob, 2019 SCC OnLine Ker 2210, decided on 21-05-2019]