Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | divorce cruelty |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Hindu Marriage Act, 1955 - ss.13(1)(ia) and (iii) - Pleaunder, of appellant-husband for dissolution of marriage - Held:Not tenable, since appellant-husband failed to prove theingredients of either clause (ia) or clause (iii) of s.13(1) - Thehusband failed to establish, that he was subjected to crueltyat the hands of the wife - On the issue of alleged aggressiveand abnormal behavior of the wife, no material evidencebefore the Court - Such alleged behavior could have easilybeen established through attendants of respondent-wife, butsuch witnesses were withheld, despite being easily availableto appellant-husband - PW4, the expert witness produced byappel/ant-husband admitted that while examiningrespondent-wife, he did not observe any signs ofaggressiveness in her - Interaction of PW4 with respondent-wife in the court-ha/I when PW4 appeared to depose in thematter demonstrated that the behavior of respondent-wife wasfar from erratic - A/so, the appellant was not able to prove, thathis wife was suffering from any incurable unsoundness of Fmind and/or mental disorder - Respondent-wife merelysuffered from cognitive deficiency which was acquired by herduring her second pregnancy - Besides, she was found tohave substantially improved from her cognitive deficiency,during the course of her treatment - Appellant-husband failedto establish, that the mental unsoundness of mind or mentaldisorder of respondent-wife was of such degree, that he couldnot be expected to live with her - Further, appellant husband- cannot be permitted to use his own fault to his advantage - He did not heed the advise of the gynecologist, after abortionof the respondent's first pregnancy - The Gynecologist hadadvised the couple against planning any further conception,for a period of at least two years - Despite the advice, theappellant impregnated his wife, just after eight months of theB said abortion - In regard to plea of appellant for dissolutionof marriage on the ground, that matrimonial ties between theparties had irretrievably broken down, it is questionable as towhether such relief is available - Even otherwise, on facts,decree of divorce cannot be granted on such ground sincec the breakdown was only from the side of the husband and therespondent did not consent to the severance of matrimonialties right from the beginning - Further plea of appellant fordissolution of marriage by invoking jurisdiction u/Art.142 ofthe Constitution also not tenable as, on facts, the same cannot0 be viewed as doing justice to respondent-wife - Constitutionof India, 1950 - Art. 142.Hindu Marriage Act, 1955 - s.13(1) - Divorce under -Grounds - Nature of - Held: The grounds are based on the'fault' of the party against whom dissolution of marriage isE sought - It is only on the ground of an opponent's fault, that aparty may approach a Court for seeking annulment of his/hermatrimonial alliance - The party seeking divorce under the"matrimonial offence theory" I the "fault theory" must beinnocent - A party suffering ''guilt" or "fault" disentitles himself/F herself from consideration - Matrimonial jurisprudence -'Matrimonial offence theory' - 'Fault theory'. |
Judge | Honble Mr. Justice Jagdish Singh Khehar |
Neutral Citation | 2013 INSC 402 |
Petitioner | Darshan Gupta |
Respondent | Radhika Gupta |
SCR | [2013] 10 S.C.R. 937 |
Judgement Date | 2013-07-01 |
Case Number | 6332-6333 |
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