Case Note & Summary
The appellant-wife and respondent-husband married on 4.5.1996 and had a daughter Apurva on 27.11.1999. The husband filed a divorce petition in 2006 on grounds of cruelty, which was withdrawn after settlement on 19.11.2009, and the parties resumed cohabitation. Subsequently, the wife allegedly picked quarrels, abused the husband in filthy language, falsely accused him of suffering from AIDS, refused physical relationship, and on 13.7.2010 assaulted him with a rolling pin causing head injury requiring four stitches. The husband filed Petition No.A-2724 of 2010 for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955 on the ground of cruelty and for custody of their daughter. The Family Court, Bandra, Mumbai allowed the petition by judgment and decree dated 26.12.2012. The wife appealed. The High Court considered the evidence, including the husband's testimony and medical papers (Exhibit 47) showing the injury. The wife in cross-examination admitted the OPD registration number on the medical paper but claimed she had not seen the injury. The court found that the wife's conduct of alleging AIDS, assault, and abuse constituted mental cruelty. The appeal was dismissed, affirming the divorce decree and granting permanent custody of the daughter to the husband, with visitation rights to the wife.
Headnote
A) Hindu Marriage Act - Divorce - Cruelty - Section 13(1)(ia) - Mental Cruelty - Wife falsely alleged that husband was suffering from AIDS and refused physical relationship, assaulted him with a rolling pin causing injury requiring stitches, and abused him in filthy language - Held that such conduct amounts to mental cruelty entitling husband to divorce (Paras 1-7).
Issue of Consideration
Whether the wife's conduct of alleging the husband suffered from AIDS, assaulting him with a rolling pin, and abusing him constituted cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955
Final Decision
Appeal dismissed. Judgment and decree of Family Court, Bandra, Mumbai dated 26.12.2012 granting divorce under Section 13(1)(ia) of Hindu Marriage Act, 1955 is confirmed. Permanent custody of daughter Apurva granted to husband with visitation rights to wife.
Law Points
- Cruelty under Section 13(1)(ia) of Hindu Marriage Act
- 1955 includes mental cruelty
- false allegations of AIDS
- physical assault
- and abusive conduct
