Case Note & Summary
The case involves a divorce petition filed by the wife (appellant) against the husband (respondent) under the Law of Divorce in force in Goa. The parties married on 08.05.1966 and had a son born on 31.07.1967. The wife alleged that from 1970 onwards, the husband harassed her by coming home intoxicated, abusing her, and falsely accusing her of having affairs with her superior. In 1984, the husband allegedly hit her while drunk, forcing her to move to her own flat and file a police complaint. After their son's death in 1987, she returned to the husband on his promise of good behavior, but the harassment resumed, including accusations of prostitution. The wife filed for divorce on 14.02.2012 on grounds of cruelty. The appeal was admitted on two substantial questions of law: (i) whether condonation of cruelty is a valid defense under the Goa Law of Divorce, and (ii) whether allegations of unchastity in the husband's deposition constitute cruelty. The court held that condonation is not a valid defense under the Goa Law of Divorce, and that allegations of unchastity in deposition constitute cruelty, allowing the appeal and granting divorce.
Headnote
A) Family Law - Divorce - Condonation of Cruelty - Articles 4(4), 4(5) and 4(8) of the Law of Divorce in force in Goa - The court considered whether condonation of cruelty is a valid defense under the Goa Law of Divorce. The court held that the English judgment Hearn vs. Hearn [1969(3) All Eng Rep.P.417] has no relevance and condonation is not a valid defense under the said law. (Paras 2, 3) B) Family Law - Divorce - Cruelty - Allegation of Unchastity - Articles 4(4), 4(5) and 4(8) of the Law of Divorce in force in Goa - The court examined whether an allegation of unchastity against the wife made in the deposition itself constitutes cruelty. The court held that such allegations, irrespective of letters Exh. PW1/C, Exh. PW1/D, by themselves constitute cruelty and are a ground for divorce. (Paras 2, 3)
Issue of Consideration
Whether condonation of cruelty is a valid defense in a petition for divorce under Articles 4(4), 4(5) and 4(8) of the Law of Divorce in force in Goa and whether allegation of unchastity against the wife made in the deposition itself constitutes cruelty and is a ground for divorce
Final Decision
Appeal allowed. The judgment of the lower courts is set aside. The marriage between the appellant and respondent is dissolved by decree of divorce on the ground of cruelty.
Law Points
- Condonation of cruelty is not a valid defense under the Law of Divorce in force in Goa
- Allegation of unchastity against wife in deposition constitutes cruelty and is a ground for divorce
