Lawstreet Journal

'Repeated Filing of Cases and Complaints Against Spouse Can Amount to 'Cruelty' for Granting Divorce': Supreme Court [READ JUDGMENT]

Lawstreet Journal 15 Sep 2021 10:49pm

Image courtesy: Lawstreet Journal Judiciary 'Repeated Filing of Cases and Complaints Against Spouse Can Amount to 'Cruelty' for Granting Divorce': Supreme Court [READ JUDGMENT]

The Supreme Court ruled that repeatedly filing cases and complaints against a spouse can amount to 'cruelty' for the purposes of granting divorce under the Hindu Marriage Act, 1955.

In a case, the bench of Justices Sanjay Kishan Kaul and Hrishikesh Roy referred to such conducts, even if they occurred after the filing of the divorce petition, to grant divorce to a 'husband' on the grounds of irretrievable breakdown of marriage and cruelty.

The 'wife' in this case left the 'husband's' company on the first day of marriage. Because she refused his invitation to live with him, the husband filed for divorce under Section 13(1)(i-a) of the Hindu Marriage Act of 1955. 

Later, on the grounds of irretrievable breakdown of marriage, the Trial Court granted his divorce petition. The appellate court overturned the divorce decree while granting the wife's petition for restitution of conjugal rights. The High Court reinstated the divorce decree, allowing the husband's appeal. The wife filed a review petition, claiming that it was not within the jurisdiction of the High Court or the trial court to grant a divorce decree based on irretrievable breakdown of marriage. The same was permitted.

The court observed that, following the filing of the divorce petition, the wife (1) filed multiple cases in courts, (2) approached the High Court to initiate disciplinary action against the husband, who was working as an Assistant Professor, and (3) made representations to the college authorities seeking the initiation of disciplinary proceedings against him.(4) sought information… Continue Reading...


Tagged: Supreme Court of India  
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