Case Note & Summary
The case concerns a Family Court Appeal filed by the wife against a divorce decree granted in favor of the husband on the ground of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The parties were married on 05.01.2013 as per Hindu rites and had a son. The husband filed a divorce petition alleging that the wife taunted his parents, picked fights, ill-treated him, and on 29.06.2016, physically assaulted him, causing injuries, which led him to file a police complaint. He claimed that her behavior made it impossible to live together and that he feared for his life. The wife denied the allegations, contending that it was the husband and his parents who mistreated her, demanded dowry, took her jewelry, and physically abused her. She filed complaints under Section 498A IPC. The Family Court raised two issues: whether the wife treated the husband with cruelty and whether the husband was entitled to a divorce. After considering evidence, the trial court answered both in the affirmative and dissolved the marriage by decree dated 11.08.2017. Aggrieved, the wife appealed to the Bombay High Court, Aurangabad Bench, contending that a single incident is insufficient to prove cruelty, the trial court's finding was based on unproved evidence, and the alleged acts fell within the ordinary wear and tear of matrimonial life and did not constitute cruelty under the Hindu Marriage Act. The husband's counsel argued that the evidence sufficiently established cruelty. The High Court heard the parties on 23.04.2018 and reserved judgment, which was pronounced on 15.06.2018. The judgment, however, did not include the final decision in the provided text.
Issue of Consideration
Whether the trial court was justified in granting decree of divorce on the ground of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955, based on a single incident of physical assault and other alleged acts of ill-treatment, and whether the evidence on record proved cruelty as per law.
Case Details
2018 LawText (BOM) (06) 13
Family Court Appeal No.36 of 2017 with Civil Application No.12452 of 2017
S.S. Shinde, S.M. Gavhane
Shraddha W/o. Prasad Ganu
Prasad S/o. Nilkanth Ganu
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Nature of Litigation
Appeal against decree of divorce granted by Family Court on ground of cruelty under Section 13(1)(ia) of Hindu Marriage Act, 1955.
Remedy Sought
Appellant-wife sought setting aside of impugned divorce decree and dismissal of husband's divorce petition.
Filing Reason
Trial court granted divorce solely based on one incident of alleged physical assault and other unsubstantiated allegations, ignoring wife's allegations of ill-treatment and demands for money.
Previous Decisions
Principal Judge, Family Court, Aurangabad, in Petition No.A-342/2016, by judgment and order dated 11.08.2017, granted decree of divorce in favour of husband, holding wife guilty of cruelty.
Issues
Whether the trial court correctly found that the respondent-wife treated the petitioner-husband with cruelty within the meaning of Section 13(1)(ia) of the Hindu Marriage Act, 1955?
Submissions/Arguments
Appellant's counsel argued that the trial court considered a single incident dated 29.06.2016 which is not sufficient to hold cruelty; only on the basis of said incident it held cruelty and granted decree. Evidence of NC lodged by petitioner against respondent not proved; trial court relied on evidence not properly proved. In matrimonial life, uttering of some words here and there by wife itself may not be treated as cruelty; relationship cannot be severed on grounds/incidents which are ordinary wear and tear of matrimonial life.
Respondent's counsel argued that the evidence adduced by petitioner is sufficient to prove cruelty and petitioner is entitled to divorce on ground of cruelty; the acts of respondent alleged in petition certainly amount to cruelty.
Judgment Excerpts
within 4 to 5 months of the marriage the respondent/wife on some ground or other started taunting his parents and pick up a fight.
On 29.06.2016, there was Death Anniversary of father of respondent. ... She scratched him with her nails, hit him with kicks and blows. One of the blows hit on his eye and the same turned black.
the trial Court has considered single incident dated 29.06.2016 which is not sufficient to hold that the respondent has caused cruelty
Procedural History
Husband filed divorce petition under Section 13(1)(ia) before Family Court, Aurangabad, in Petition No.A-342/2016 alleging cruelty. Wife filed reply denying allegations. After evidence, the Family Court on 11.08.2017 held wife treated husband with cruelty and granted decree of divorce. Wife appealed to High Court. Appeal heard on 23.04.2018, reserved for judgment, and pronounced on 15.06.2018. High Court considered arguments but final outcome not available in provided text.
Acts & Sections
- Hindu Marriage Act, 1955: 13(1)(ia)
- Indian Penal Code, 1860: 498A
