Case Note & Summary
The appellant-wife and respondent-husband were married on 20.5.1994 at Sumerpur, Rajasthan according to Hindu Vedic rites. After marriage, the wife resided with the husband in Mumbai. A son, Aniket, was born. The husband filed a divorce petition under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, alleging cruelty. The Family Court, Mumbai, by judgment dated 30.3.2005, dissolved the marriage on the ground of cruelty, granted custody of the son to the wife, and ordered maintenance of Rs.2500/- per month each to the wife and son, but negatived the wife's claim for Stridhan. The wife appealed against the decree of divorce. The husband did not challenge any part of the judgment. The High Court examined the evidence and found that the allegations of cruelty were not grave and weighty. The wife's use of abusive language and filing of complaints were isolated incidents and did not cause reasonable apprehension in the husband's mind that it would be harmful to live with her. The court held that the Family Court erred in granting divorce on such grounds. The appeal was allowed, the decree of divorce was set aside, and the petition for divorce was dismissed. The order regarding custody and maintenance was not disturbed.
Headnote
A) Family Law - Divorce - Cruelty - Section 13(1)(i-a) Hindu Marriage Act, 1955 - The husband sought divorce on grounds of cruelty alleging that the wife used abusive language, filed false complaints, and left the matrimonial home. The Family Court granted divorce. On appeal, the High Court held that the instances of cruelty were not grave and weighty enough to constitute legal cruelty. The wife's conduct, though not exemplary, did not cause reasonable apprehension in the husband's mind that it would be harmful to live with her. The decree of divorce was set aside. (Paras 1-10) B) Family Law - Stridhan - Claim of wife for return of Stridhan - The Family Court had negatived the wife's claim for Stridhan. The High Court did not interfere with that part as the wife did not press the issue in appeal. (Para 1) C) Family Law - Maintenance - Permanent alimony - The Family Court had granted maintenance of Rs.2500/- per month to the wife and son. The High Court did not disturb that order as it was not challenged. (Para 1)
Issue of Consideration
Whether the allegations of cruelty made by the husband against the wife were sufficient to grant a decree of divorce under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.
Final Decision
The appeal is allowed. The judgment and order dated 30.3.2005 passed by the Principal Judge, Family Court, Mumbai, in Petition No.A-942 of 1997 is set aside. The petition for divorce filed by the respondent-husband stands dismissed. The order regarding custody of son Aniket and maintenance is not disturbed.
Law Points
- Cruelty under Hindu Marriage Act
- 1955
- Section 13(1)(i-a) requires grave and weighty conduct
- isolated incidents of verbal abuse or filing of complaints not amounting to cruelty
- matrimonial cruelty must be of such a nature as to cause reasonable apprehension that it is harmful or injurious to live with the other party.
