HINDU MARRIAGE ACT : DIVORCE GRANTED TO HUSBAND ON THE GROUND OF MENTAL CRUELTY CAUSED BY WIFE

Justice R. D. Dhanuka of the High Court of Bombay noted that the wife had filed false complaint against the husband and his family causing mental cruelty to husband and defaming him. The court granted divorce and annulment of marriage as per Section 13(1)(i-a) , Hindu Marriage Act of 1955.

Appellant , Anil Yashwant Karande  and respondent , Mangal Anil Karande, got married in 2002. Allegations were put on the appellant husband by the respondent wife that she was persuaded to leave her matrimonial home by her husband. FIR was registered against the appellant-husband , his parents and brother by the respondent wife under Section 498A , Section 323 , Section 504 and Section 506 of IPC and they were arrested by the police subsequent to the FIR.

The Learned IVth Joint Judicial Magistrate of First Class acquitted the appellant and his family of the offences under Section 498A , Section 323 , Section 504 and Section 506 of IPC.

Respondent filed a petition for restitution of conjugal rights and later appellant filed Hindu Marriage petition for annulment of marriage and divorce before the Court of the Learned Civil Judge , Senior Division , Sangli , whereby the petition by respondent was allowed while that by the appellant got rejected .

Two regular appeals which were filed by appellant before the Learned District Judge , Sangli , got dismissed.

On appeal , the High Court of Bombay noticed :

“The Supreme Court in case of V. Bhagat vs. D. Bhagat , (supra) has held that a mental cruelty under section 13(1)(i-a) can 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. It is held that mental cruelty must be of such a nature that the parties cannot reasonably be expected to live together . It is also held that the situation must be such that the wronged party cannot reasonably be asked to put up with such conduct and continue to live with the other party.” This is one of the top legal judgments in India.

( LLM, MBA, (UK), PhD, AIMA, AFAI, PHD Chamber, ICTC, PCI, FCC, DFC, PPL, MNP, BNI, ICJ (UK), WP, (UK), MLE, Harvard Square, London, CT, Blair Singer Institute, (USA), Dip. in International Crime, Leiden University, the Netherlands )


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