Keypoints:
- Defamatory complaints, damaging the spouse’ reputation will amount in mental cruelty, said SC while granting divorce to army officer.
- SC also noted that the officers wife made defamatory complaints against Army Superiors which in turn affected her husband’s career.
- Adding to this, SC said,”It is a definite case of cruelty inflicted by the respondent against the appellant.”
On Friday, while granting divorce to an Army Officer, the Supreme Court said that defamatory complaints against a spouse, damaging his/her reputation will be considered as mental cruelty.
Justice SK Kaul headed the bench and said that the Uttarakhand court was in error to describe the broken relationship between an Army officer and his wife as the normal wear and tear of middle-class married life.
“It is a definite case of cruelty inflicted by the respondent against the appellant and as such enough justification is found to set aside the impugned judgment of the High Court and to restore the order passed by the Family Court,” the bench observed.
“The appellant is accordingly held entitled to dissolution of his marriage and consequently the respondent’s application for restitution of conjugal rights stands dismissed. It is ordered accordingly,” it said.
The Supreme Court was hearing a plea filed by an Army Officer who was seeking divorce alleging mental cruelty by his wife who is a faculty in government PG college.
The bench also comprised Justices Dinesh Maheshwari and Hrishikesh Roy who said, “The degree of tolerance will vary from one couple to another and the court will have to bear in mind the background, the level of education and also the status of the parties, in order to determine whether the cruelty alleged is sufficient to justify dissolution of marriage, at the instance of the wronged party.”
It added, “For considering dissolution of marriage at the instance of a spouse who allege mental cruelty, the result of such mental cruelty must be such that it is not possible to continue with the matrimonial relationship.”
“When the appellant has suffered adverse consequences in his life and career on account of the allegations made by the respondent, the legal consequences must follow and those cannot be prevented only because no court has determined that the allegations were false,” the bench said.
“In circumstances like this, the wronged party cannot be expected to continue with the matrimonial relationship and there is enough justification for him to seek separation,” added the apex court.
