Hindu Marriage Act, 1955
Section 13(1)(ia)—Cruelty—What constitute—Physical violence is not absolutely essential to constitute “cruelty” and a consistent course of conduct inflicting immeasurable mental agony and torture may well constitute cruelty within the meaning of Section 13(1)(ia) of the Hindu Marriage Act.
[Para 10]
Sections 9 & 13(1)(ia)—Petition filed by husband under Section 13 of the Hindu Marriage Act has been dismissed and petition filed by wife under Section 9 of the Act has been allowed by the Family Court—Appeals—Husband filed divorce petition against wife on ground of non-consummation of marriage and physical and mental cruelty—Wife lodged an FIR under Section 498A of the RPC alleging demand of dowry against husband and his entire family members immediately after three months of marriage and a case under Domestic Violence Act—Deposition of wife before the Family Court demolishes her entire case with regard to dowry since the marriage itself was dowry less—Fact that marriage was dowry less is also established from deposition of relatives of wife—Wife has made every effort to harass and torture the husband which itself amounts to “cruelty”—Wife has resolved to live in agony only to make life a miserable hell for the husband—Such type of adamant and callous attitude leaves no manner of doubt that the wife is bent upon treating husband with mental cruelty—Marriage between parties had broken down irretrievably as both of them are living separately after 15 days of the marriage and there is no chance of their coming together, or living together again—Under the garb of criminal proceedings, the wife is trying to inflict mental cruelty which entitles the husband for grant of divorce in his favour—Ground of irretrievable breakdown of marriage, ground of cruelty and ground of non-consummation of marriage, on account of the facts and circumstances would entitle the grant of decree of divorce in favour of husband—Appeals allowed.
[Paras 8 to 14]