Case Note & Summary
The appellant-husband, Sunesh Sudhakar Rele, filed a Family Court Appeal against the judgment and order dated 2nd April 2012 passed by the Family Court at Bombay in Petition No. A-22 of 2010, whereby his petition for divorce on the ground of cruelty under Section 27(d) of the Special Marriage Act, 1954 was dismissed. The parties were married on 10th July 2008 under the Special Marriage Act and had no children. The appellant alleged that from the very next day of marriage, the respondent-wife expressed that she was forced into the marriage by her father and had no intention to continue it. He further alleged that she was rude and abusive towards him and his elderly parents, threatened to beat them, and disclosed that she had a pre-marital affair with another man, which her father had concealed. She also allegedly stated that she would continue sexual relations with other men even after marriage, causing mental cruelty to the appellant. The appellant claimed he tolerated this behavior for two months, but in September 2008, the respondent left the matrimonial home and returned after ten days. The Family Court, after considering the evidence, dismissed the petition, holding that the appellant failed to prove cruelty. On appeal, the High Court examined the evidence, including the testimony of the appellant and his witnesses. The court noted that the appellant's own witnesses did not support his allegations of cruelty. The respondent did not appear to contest the appeal. The High Court held that the burden of proving cruelty lies on the petitioner, and the appellant failed to discharge that burden. The court observed that mere allegations of a pre-marital affair or expression of unhappiness do not constitute cruelty under Section 27(d) of the Special Marriage Act, 1954. The court emphasized that cruelty must be such as to cause a reasonable apprehension in the mind of the petitioner that it is harmful or injurious to live with the respondent. In the absence of corroborative evidence, the appeal was dismissed, and the Family Court's order was upheld.
Headnote
A) Family Law - Divorce - Cruelty - Section 27(d) Special Marriage Act, 1954 - The appellant-husband sought divorce on ground of mental cruelty alleging that the respondent-wife had a pre-marital affair, was forced into marriage, and exhibited rude behavior. The Family Court dismissed the petition. On appeal, the High Court held that the allegations were not corroborated by independent evidence and did not amount to cruelty as defined under the Act. The court observed that mere expression of unhappiness or desire to break the marriage does not constitute cruelty unless it causes reasonable apprehension of harm. (Paras 1-10) B) Evidence - Burden of Proof - Cruelty - Section 27(d) Special Marriage Act, 1954 - The court reiterated that the burden of proving cruelty lies on the petitioner. In the absence of corroborative evidence, the uncorroborated testimony of the appellant was insufficient to establish cruelty. The court noted that the appellant's own witnesses did not support his claims, and the respondent's absence did not shift the burden. (Paras 11-15) C) Family Law - Divorce - Mental Cruelty - Pre-marital Affair - Section 27(d) Special Marriage Act, 1954 - The court held that mere allegation of a pre-marital affair, without proof that the respondent continued the relationship after marriage or that it caused mental cruelty, is not a ground for divorce. The court emphasized that the conduct must be such as to cause a reasonable apprehension in the mind of the petitioner that it is harmful or injurious to live with the respondent. (Paras 16-20)
Issue of Consideration
Whether the appellant-husband has proved that the respondent-wife treated him with cruelty as defined under Section 27(d) of the Special Marriage Act, 1954, entitling him to a decree of divorce.
Final Decision
The High Court dismissed the Family Court Appeal No. 106 of 2012, upholding the judgment and order dated 2nd April 2012 passed by the Family Court dismissing the divorce petition.
Law Points
- Cruelty under Section 27(d) of Special Marriage Act
- 1954 requires proof of conduct that causes reasonable apprehension of harm or injury to life
- limb
- or health
- mere allegations of pre-marital affair and rude behavior without corroborative evidence do not constitute cruelty
- burden of proof lies on the petitioner to establish cruelty by preponderance of probabilities.
