The Patna High Court recently ruled that cruelty in marriage should be judged based on the agony inflicted on one spouse by the other, rather than by the standards of an ideal spouse. This decision highlights the importance of considering the specific circumstances of each case when determining grounds for divorce.
If divorce is not granted, it will not serve the sanctity of marriage. The matrimonial bond is virtually beyond repair. Patna High Court set aside the dismissal of a divorce petition filed by a woman who had alleged persistent cruelty and desertion by her husband. The Family Court’s refusal to grant a decree of divorce was found unsustainable in light of compelling evidence of emotional, financial, and physical abuse, as well as irretrievable breakdown of the marital bond.
The Division Bench comprising Acting Chief Justice P. B. Bajanthri and Justice S. B. P. Singh declared that there is long separation between the parties and the matrimonial bond is virtually beyond repair, and that continuing such a relationship would only show scant regard for the feelings and emotions of the parties.
The appellant, Soma Raha, had approached the Family Court seeking dissolution of her marriage on grounds of cruelty and desertion. The Family Court, however, dismissed the petition on 11 September 2018, prompting this appeal. After examining the record, the High Court concluded that the Family Court had failed to consider the true nature of the matrimonial cruelty alleged.
Key Points:
Cruelty Definition: Cruelty is defined as behaviour that causes harm or injury to the other spouse, either physically or mentally.
Burden of Proof: The burden of proof lies with the spouse seeking relief, who must demonstrate that the other spouse’s behaviour constitutes cruelty.
Degree of Cruelty: The court emphasizes that minor incidents or trivial behaviour do not necessarily amount to cruelty; the behaviour must be severe enough to make it unreasonable for the spouses to continue living together.
Relevant Laws:
Hindu Marriage Act, 1955 (Section 13): Allows for divorce on grounds of cruelty, desertion, and mental disorder.
Section 13(1)(iii): Specifically mentions that mental disorder must be of such a nature and extent that the spouse seeking relief cannot reasonably be expected to live with the other.
Implications:
Judicial Discretion: The ruling gives judge’s discretion to evaluate the severity of cruelty in each case, considering the unique circumstances.
Marriage Dissolution: The decision may lead to more nuanced approaches to dissolving marriages, focusing on the actual harm caused rather than idealized expectations.
The Patna High Court’s decision highlights the complexities of matrimonial disputes and the need for nuanced approaches to determining cruelty. By focusing on the actual harm caused rather than idealized expectations, the court provides a more realistic framework for evaluating marital relationships. These ruling underscores the importance of evidence-based decision-making in family law cases.
