Case Note & Summary
The appellant husband and respondent wife were married on 26th February 1993 at Murtizapur. According to the appellant, after 3 to 5 months of normal stay, the respondent started raising quarrels with him and his mother. She refused to attend to day-to-day activities such as cooking and serving food. Consequently, they were allotted a separate room in the house, but the respondent used to remain out of the house for the whole day. The appellant filed a petition for divorce under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, on the ground of cruelty. The trial court dismissed the petition. The first appellate court confirmed the dismissal. The appellant then filed a second appeal before the High Court. The High Court framed a substantial question of law: whether the wife's refusal to cook and serve food and her habit of remaining out of the house for the whole day constitute cruelty. The court noted that the appellant failed to prove that the wife's conduct caused reasonable apprehension in his mind that it would be harmful or injurious to live with her. The court held that such behaviour falls within the ordinary wear and tear of married life and does not amount to cruelty. The appeal was dismissed, and the judgment of the lower courts was confirmed.
Headnote
A) Hindu Marriage Act - Divorce - Cruelty - Section 13(1)(i-a) - Burden of Proof - The husband alleged that the wife refused to cook and serve food and remained out of the house for the whole day, causing mental cruelty. The court held that such behaviour does not amount to cruelty as it falls within the ordinary wear and tear of married life. The husband failed to prove that the wife's conduct caused reasonable apprehension in his mind that it would be harmful or injurious to live with her. (Paras 1-5)
Issue of Consideration
Whether the wife's refusal to cook and serve food and her habit of remaining out of the house for the whole day constitute cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.
Final Decision
Appeal dismissed. Judgment of lower courts confirmed. No order as to costs.
Law Points
- Divorce
- Cruelty
- Hindu Marriage Act
- 1955
- Section 13(1)(i-a)
- Burden of Proof
- Mental Cruelty
- Ordinary Wear and Tear of Married Life
