Hindu Marriage Act, 1955, Section 13(ia)-Defamatory Complaint Against Spouse-Mental Cruelty-Ground for Divorce

By Advocate Vikrant Pratap Singh Rajawat

For Considering dissolution of marriage at the instance of a spouse who allege mental cruelty, the result of sch mental cruelty must be such that it is not possible to continue with the matrimonial relationship. In other words, the wronged party cannot be expected to condone such conduct and continue to live with his/her spouse. 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.

Court
Supreme Court of India
Appellant
Joydeep Majumdar
Respondent
Bharti Majumdar Jaiswal
judge name
Sanjay kisahn kaul, Dinesh Maheshwar & Hrishikesh Roy, JJ.
Case_no
Civil Appeal no.3786-3787 of 2020
Dated
2021-02-26
Headnote
When reputation of spouse is sullied amongst his colleagues, his superiors and society at large, it would be difficult to expect condonation of such conduct by affected party- In such circumstances wronged party cannot be expected to continue with matrimonial relationship and there is enough justification for him to seek separation.

27 Feb 2021 392 101