“Harming reputation is a ground for divorce”: Supreme Court

Team SoOLEGAL 1 Mar 2021 3:26pm

“Harming reputation is a ground for divorce”: Supreme Court

The Supreme Court bench headed by Justice Sanjay Kishan Kaul, along with Justice Dinesh Maheshwari and Justice Hrishikesh Roy stated that if a person’s reputation is hampered by his or her spouse in his workplace, then this will count as a valid ground for divorce under marital laws of India.

On Friday, 26th of February, 2021, the Supreme Court of India, in this particular case, observed that the wife has spoiled the reputation of her husband in front of his colleagues and superiors of office as the wife had filed a complaint against him to his superiors and to the women’s rights bodies. This amounts to mental cruelty and certainly stands as a valid ground for divorce and granted the divorce application.

Justice Hrishikesh Roy mentioned that mental cruelty amounts to a major ground for divorce has to be taken care of, keeping in mind about the background, mentality and education of the couple.

Senior Advocate Gopal Sankaranarayanan, on behalf of the petitioner stated that the petitioner was an Army Officer. His wife has charged him for adultery and his reputation in his workplace has been damaged and the Court cannot ask the husband to continue his married life with his wife.

On September, 2007, the couple got married in Dehradun and after a few months the wife had left the husband and went back to her parental house. The wife had filed FIR against her husband for dowry demand, breach of trust and cheating, along with a case for demanding maintenance. The husband had filed the divorce case on the ground of cruelty and desertion.

The case was filed in Visakhapatnam where the husband’s parents were living and Visakhapatnam Court had granted divorce decree to the man in the month of February, 2009. This particular plea was withdrawn by the husband as his wife had filed the case in the Supreme Court of India in the year 2011 and the Supreme Court had ordered him to file a fresh petition for divorce in the Dehradun Court, where his wife is residing.

Both the husband and wife filed their respective cases in the Court of Dehradun. The husband filed for divorce, where as the wife pleaded for restitution of conjugal rights and a direction for her husband to start staying with her again. The Family Court, in favour of the husband granted him divorce. The wife appealed the same petition to the Uttarakhand High Court and the divorce decree by the Family Court was set aside. The husband appealed to the Supreme Court and the Court set aside the judgement of the High Court, after observing the facts that the complaints the wife had filed to the husband’s superiors and the women’s rights commissioner, damaged the husband reputation in his workplace and this amounts to mental cruelty and stated that this is a valid ground for divorce between the couple.

Tagged: Supreme Court   Justice Sanjay Kishan Kaul   Justice Dinesh Maheshwari   Justice Hrishikesh Roy   marital laws   Advocate Gopal Sankaranarayanan   Army Officer   Visakhapatnam Court   Dehradun Court   Uttarakhand High Court   Family Court  
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Sweta   26 Sep 2021 8:47pm
Case name please

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