Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Hindu Marriage Act 1955 - s.13 - Husband filed petition for dissolution of marriage by decree of divorce on grounds of (I) 'cruelty' and (ii) incurable 'unsound mind' of wife - C Whether appellant-husband made out a case for divo |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Hindu Marriage Act, 1955 - s.13 - Husband filed petition for dissolution of marriage by decree of divorce on grounds of (i) 'cruelty' and (ii) incurable 'unsound mind' of wife - Whether appellant-husband made out a case for divorce · against the respondent-wife on grounds of 'cruelty' and 'unsound mind' - Held: The appellant established and proved both the grounds - From the side of appellant, various doctors and other witnesses were examined to prove that respondent was suffering from mental disorder - All the four doctors Psychiatrists who treated the respondent - PW-1, PW-2, PW-· 3 and PW-7, and prescribed medicines also expressed the view that it was "incurable" - Even respondent and her father themselves admitted in their cross-examination that respondent took treatment from the said Doctors for mental illness - It was proved beyond doubt that respondent was suffering. from mental disorder. Schizophrenia and the appellant was not reasonably expected to live With her - No doubt, after marriage, the couple was blessed with a female child and at present she is studying in a school, however, whenever the child was with respondent, the respondent was not taking appropriate care - Many a times the respondent casually threw the child facing opposite to her - PW-5, landlord of the parties, highlighted several instances when the respondent used to quarrel with appellant and he had to face humiliation in front of others because of her behavior - The appellant placed adequate materials to show that the respondent used to give repeated threats to commit suicide and once even tried to commit suicide by jumping from the terrace - The acts and conduct of the respondent were such as to cause pain, agony and suffering to the appellant which amounted to cruelty in matrimonial law - Further, appellant and respondent were living separately for the last more than nine years and there is no possibility to unite them - Divorce petition filed by appellant accordingly allowed. Hindu Marriage Act, 1955 - s. 13 - Dissolution of marriage by decree of divorce on ground of 'unsound mind' - Held: The onus of proving that the other spouse is incurably of unsound mind or is suffering from mental disorder lies on the party alleging it - It must be proved by cogent and clear evidence. Hindu Marriage Act, 1955 - s. 13 - Dissolution of marriage by decree of divorce on ground of 'cruelty' - Repeated threats to commit suicide - Held: Cruelty postulates treatment of a spouse with such cruelty as to create reasonable apprehension in his mind that it would be harmful or injurious for him to live with the· other party - Giving repeated threats to commit suicide amounts to cruelty. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2011 INSC 735 |
Petitioner | Pankaj Mahajan |
Respondent | Dimple @ Kajal |
SCR | [2011] 14 S.C.R. 945 |
Judgement Date | 2011-09-30 |
Case Number | 8402 |
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