Lawstreet Journal

Gauhati High Court Allows Divorce on the grounds of Separation from Parents, Calls it Cruelty

Lawstreet Journal 22 Jun 2020 6:04pm

Image courtesy: Lawstreet Journal Judiciary Gauhati High Court Allows Divorce on the grounds of Separation from Parents, Calls it Cruelty

The High Court of Gauhati allowed divorce for a man who was forced to stay away from parents by the wife. The court called it an act of cruelty and allowed the divorce on the quoted grounds. 

Under section 13 of the Hindu Marriage Act, 1955, a divorce can be granted, citing cruelty as a reason. 

Historically, the development of cruelty has been very peculiar. Under the Hindu Marriage Act, 1955, cruelty was not initially provided as a ground for divorce. Only judicial separation was allowed. The amendment brought in 1976 changed this stance of the Hindu personal laws and included it as a ground for divorce. 

The court has repeatedly said that circumstances amounting to cruelty cannot be listed as it depends heavily on the backgrounds of each case. Still, it has clarified that normal wear and tear in the course of marriage would not amount to cruelty. The petitioner has to prove that the act or circumstances are grave and weighty, and make it impossible for the petitioning spouse to live with the partner. 

The bench comprising of Chief Justice Ajay Lamba and Justice Soumitra Saikia passed the judgment granting divorce to the petitioner because his wife separated him from his stepmother. The court noted that under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, children are required to provide maintenance to their parents, including stepparents. 

The District Court initially dismissed the husband’s divorce petition. While considering the appeal, the bench noted that there was evidence… Continue Reading...

Tagged: Divorce   Mutual Consent Divorce   Gauhati High Court  
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