Case Note & Summary
The appellant husband married the respondent wife about 14 years before filing the divorce petition. They had two children: a son Pandurang born in 1991 and a daughter Deepali born in 1993. The husband alleged that the wife was quarrelsome, behaved abnormally, used to take off her clothes and tear his clothes, assaulted him, and abused his mother. She also filed a criminal case under Section 498-A IPC against the husband and his parents, which was later settled amicably leading to his acquittal. Despite resuming cohabitation after the settlement, her behaviour did not improve. The husband filed Hindu Marriage Petition No. 63/1999 seeking dissolution of marriage on the ground of cruelty. The trial court dismissed the petition. The husband appealed to the District Court, which also dismissed the appeal. In second appeal before the Bombay High Court, the court framed the substantial question of law whether the wife's conduct constituted cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The High Court held that the wife's abnormal behaviour, including taking off clothes, tearing clothes, assaulting the husband, abusing his mother, and filing a false criminal complaint, amounted to mental cruelty. The court noted that the wife did not appear to contest the appeal despite service. The High Court allowed the appeal, set aside the judgments of the lower courts, and granted a decree of divorce dissolving the marriage.
Headnote
A) Family Law - Divorce - Cruelty - Section 13(1)(ia) Hindu Marriage Act, 1955 - Mental Cruelty - Wife's abnormal behaviour including taking off clothes, tearing clothes, assaulting husband, abusing mother-in-law, and filing false criminal complaint under Section 498-A IPC - Held that such conduct amounts to mental cruelty entitling husband to divorce (Paras 2-3, 10-12).
Issue of Consideration
Whether the wife's abnormal behaviour and filing of a false criminal complaint under Section 498-A IPC constitute cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955, warranting dissolution of marriage.
Final Decision
Appeal allowed. Judgment and decree of the District Judge-2, Sangamner dated 23.06.2011 in Regular Civil Appeal No. 123/2011 and of the Civil Judge, Senior Division, Sangamner dated 23.01.2001 in Hindu Marriage Petition No. 63/1999 are set aside. Marriage between appellant and respondent is dissolved by decree of divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
Law Points
- Mental cruelty
- false criminal complaint
- abnormal behaviour
- divorce under Section 13(1)(ia) of Hindu Marriage Act
- 1955
