Hindu Marriage Act, 1955
Section 13(1)(ia)—Divorce—Ground of cruelty—It is not possible in every case to pin point to an act of “cruelty” or blameworthy conduct of the spouse—Nature of relationship, the general behaviour of parties towards each other, or long separation between the two are relevant factors which a court must take into consideration—Cruelty has not been defined under the Hindu Marriage Act—All the same, the context where it has been used, which is as a ground for dissolution of a marriage would show that it has to be seen as a ‘human conduct’ and ‘behavior” in a matrimonial relationship.
[Paras 16 & 17]
Section 13(1)(ia)—Divorce—Ground of cruelty—A marital relationship which has only become more bitter and acrimonious over the years, does nothing but inflicts cruelty on both the sides—To keep the façade of this broken marriage alive would be doing injustice to both the parties—A marriage which has broken down irretrievably spells cruelty to both the parties, as in such a relationship each party is treating the other with cruelty—It is therefore a ground for dissolution of marriage under HYPERLINK "https://indiankanoon.org/doc/1284729/" Section 13(1)(ia) of the Hindu Marriage Act.
[Para 16]
Section 13(1)(ia)—Divorce—Ground of cruelty—In a given case, where the marital relationship has broken down irretrievably, where there is a long separation and absence of cohabitation (as in the present case for last 25 years), with multiple court cases between the parties; then continuation of such a ‘marriage’ would only mean giving sanction to cruelty which each is inflicting on the other—Marriage between parties stand dissolved—Appellant directed to pay an amount of rupees thirty lakh rupees to the respondent/wife as permanent alimony—Appeal allowed.
[Para 18]