ground for divorce under Hindu law: divorce ground in India : ‘crash landing happened even before take off’, calling the wife’s actions cruelty, the supreme court allowed the husband to get divorced :
- Supreme Court allows break-up of two-decade-old marriage
- Supreme Court considers wife’s actions as cruelty against husband
- Wife left after 15 days of marriage, then husband got divorced
- But when the husband got married, the wife started torturing him in various ways.
The Supreme Court put an end to a two-decade-old marriage in which the married couple did not live together even for a day after the marriage. The Supreme Court said that the relationship seemed to have ended from the very beginning of the marriage and crash-landed at the time of take-off. A bench of Supreme Court Justices Sanjay Kishan Kaul and Hrishikesh Roy used the privileges provided under Article 142 of the Constitution and granted divorce while ordering annulment of the marriage.
After two weeks of marriage, there was a quarrel
According to the present case, both were married in the year 2002 and all the mediation between the two was unsuccessful. The husband, an assistant professor in a government college, told the Supreme Court that the wife started suing him only after two weeks of marriage, and several cases were filed one after the other. He told the Supreme Court that it was the wife’s cruelty towards him. The Supreme Court accepted this argument of the husband and allowed them to get divorced.
A two-judge bench of the apex court said that the trial court and the high court did not find sufficient facts to consider the husband to be entitled to divorce on the ground of cruelty to his wife. Both the courts also did not feel that they should ascertain the behavior of the wife. The Supreme Court said that the wife did not only file cases but also threatened the husband by going to his office. The Supreme Court said that the High Court had made a mistake of ignoring these incidents by terming it as a ‘general difference of opinion’.
Supreme Court made this comment
The Supreme Court said, “…these relentless activities of the respondent amount to cruelty. This behavior is indicative of the dissolution of marital unity which is the dissolution of the marriage itself. In fact, the two were never united. To continue making allegations and taking legal action is cruelty in the eyes of this Court. It further said, ‘She (the wife) has sought disciplinary action from the applicant (husband) on the ground that the husband has remarried, notwithstanding that the second marriage was solemnized after the grant of divorce was granted. That is, the woman tried her best to get the petitioner fired from her job. If someone tries to get her husband fired from his job, it is mental cruelty.
‘Crash landing happened before take off’
The two were married in 2002, but as the court said, ‘it crashed before it could take off’ as the woman left saying that her consent to the marriage was not taken. After 15 days, the husband sought divorce, but the wife was not ready for it and demanded her rights as a wife. Five years later, the family court divorced and within a week the husband remarried. The Madras High Court set aside the decision of the Family Court, then the husband approached the Supreme Court. The Supreme Court, while upholding the husband’s arguments, considered the behavior of the wife to be cruelty and upheld the divorce.
Supreme Court allows husband to get divorce on the basis of wife’s cruelty.