Case Note & Summary
The appellant, Ravinder Kaur, was the wife of the original respondent, Manjeet Singh, who died during the pendency of the appeal. The respondent had filed a petition under Section 13 of the Hindu Marriage Act, 1955, seeking dissolution of marriage on the ground of mental cruelty. The parties were married in December 1970 and had two sons and a daughter. The respondent alleged that the appellant made baseless allegations of an illegitimate relationship between him and the wife of Capt. Inderjit Singh, filed a false police complaint under Section 107/151 Cr.P.C., and filed a civil suit regarding a house. The appellant denied the allegations and contended that the respondent himself had an illicit relationship with the said woman and had made false allegations against her regarding a non-existent driver. The trial court dismissed the petition, holding that the respondent had not proved mental cruelty and that his own allegations against the appellant amounted to cruelty. The High Court reversed the decision, observing that the marriage was irretrievably broken down and that the trial court had not appreciated the evidence properly. The Supreme Court allowed the appeal, restoring the trial court's order. The Court held that the High Court had proceeded with a preconceived notion of irretrievable breakdown, which is not a ground for divorce under the Act. The Court noted that the allegations of the appellant against the respondent regarding his relationship with Smt. Nirmaljit Kaur were not proved to be false, and the respondent's own allegations against the appellant regarding a non-existent driver were baseless. The Court found that the trial court had correctly assessed the evidence and that the High Court had erred in interfering with the findings of fact. The appeal was allowed, and the marriage was not dissolved.
Headnote
A) Hindu Marriage Act - Mental Cruelty - Section 13(1)(ia) - Allegations of Illegitimate Relationship - The husband sought divorce on ground of mental cruelty due to wife's allegations of his illicit relationship with another woman. The trial court dismissed the petition, finding that the husband had also made baseless allegations against the wife regarding a non-existent person. The High Court reversed, holding the marriage irretrievably broken. The Supreme Court restored the trial court's order, holding that the allegations of the wife were not proved to be false and that the husband's own conduct amounted to cruelty. Held that mere allegations without proof do not constitute cruelty and that the High Court erred in assuming irretrievable breakdown as a ground for divorce (Paras 1-12).
Issue of Consideration
Whether the allegations made by the wife against the husband regarding an illegitimate relationship with another woman amounted to mental cruelty warranting dissolution of marriage under Section 13 of the Hindu Marriage Act, 1955.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order, and restored the trial court's order dismissing the husband's divorce petition. The marriage was not dissolved.
Law Points
- Mental cruelty under Section 13(1)(ia) of Hindu Marriage Act
- 1955 requires proof of conduct that causes reasonable apprehension in mind of petitioner that it would be harmful or injurious to live with other party
- mere allegations without proof do not constitute cruelty
- irretrievable breakdown of marriage is not a ground for divorce under the Act
- appellate court should not interfere with trial court's findings on facts unless perverse.
