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A wife’s constant threats to commit suicide coupled with her violent, abnormal behaviour towards the husband’s in-laws and friends became sufficient ground for the Supreme Court to grant divorce to a man after 11 years of marriage.
Finding such conduct amounting to “mental cruelty”, a ground for divorce under Section 13 of the Hindu Marriage Act, the apex court noted, “It is well settled that giving repeated threats to commit suicide amounts to cruelty. When such a thing is repeated in the form of sign or gesture, no spouse can live peacefully.”
Pankaj Mahajan got married to Dimple on October 2, 2000, a wedding solemnised under Hindu rites. Before moving a petition for divorce in May 2002 before a Ropar District Court in Punjab, Mahajan suffered much insult, humiliation and suffering on account of his wife’s erratic behaviour. She abused his family members, friends and attempted suicide, forcing Mahajan to rent an accommodation and live separate from his parents, hoping this would reform her.
But there was no change in Dimple’s attitude. In September 2001 she was put under treatment for reported symptoms of schizophrenia. By now, she had become violent. Although once her attempt to suicide was foiled by Mahajan, but this did not deter her from issuing constant threats to repeat her act. She abused everybody who came to visit Mahajan and once pushed him down the stairs resulting in a fractured arm.
The Bench of Justices P Sathasivam and BS Chauhan found the evidence on record to prove that the wife used to slap the husband in front of others, misbehaved with his colleagues, insulted his parents and relatives, forced him to live separately from parents, refused to attend to household chores, and always had fits of insanity or abnormal behaviour.
Taking note of these instances, the Bench said, “The acts of the respondent (wife) are of such quality and magnitude and consequence as to cause pain, agony and suffering to the husband which amounted to cruelty in matrimonial law.” Laying down the law as regards cruelty, the court held, “Cruelty postulates a treatment of a spouse with such cruelty as to create reasonable apprehension in his mind that it would be harmful or injurious for him to live with the other party.”
Another fact that weighed with the court was the couple’s nine-year long separation with no attempt to reconcile. The couple had a daughter. But even towards her, the wife acted strangely, throwing the baby at the landlord on one of his visits. Finding the case deserving of divorce, the Bench directed alimony of Rs 2 lakh to be paid to wife and a separate deposit of Rs 3 lakh in the name of daughter, which could be redeemed when she became a major.
Finding such conduct amounting to “mental cruelty”, a ground for divorce under Section 13 of the Hindu Marriage Act, the apex court noted, “It is well settled that giving repeated threats to commit suicide amounts to cruelty. When such a thing is repeated in the form of sign or gesture, no spouse can live peacefully.”
Pankaj Mahajan got married to Dimple on October 2, 2000, a wedding solemnised under Hindu rites. Before moving a petition for divorce in May 2002 before a Ropar District Court in Punjab, Mahajan suffered much insult, humiliation and suffering on account of his wife’s erratic behaviour. She abused his family members, friends and attempted suicide, forcing Mahajan to rent an accommodation and live separate from his parents, hoping this would reform her.
But there was no change in Dimple’s attitude. In September 2001 she was put under treatment for reported symptoms of schizophrenia. By now, she had become violent. Although once her attempt to suicide was foiled by Mahajan, but this did not deter her from issuing constant threats to repeat her act. She abused everybody who came to visit Mahajan and once pushed him down the stairs resulting in a fractured arm.
The Bench of Justices P Sathasivam and BS Chauhan found the evidence on record to prove that the wife used to slap the husband in front of others, misbehaved with his colleagues, insulted his parents and relatives, forced him to live separately from parents, refused to attend to household chores, and always had fits of insanity or abnormal behaviour.
Taking note of these instances, the Bench said, “The acts of the respondent (wife) are of such quality and magnitude and consequence as to cause pain, agony and suffering to the husband which amounted to cruelty in matrimonial law.” Laying down the law as regards cruelty, the court held, “Cruelty postulates a treatment of a spouse with such cruelty as to create reasonable apprehension in his mind that it would be harmful or injurious for him to live with the other party.”
Another fact that weighed with the court was the couple’s nine-year long separation with no attempt to reconcile. The couple had a daughter. But even towards her, the wife acted strangely, throwing the baby at the landlord on one of his visits. Finding the case deserving of divorce, the Bench directed alimony of Rs 2 lakh to be paid to wife and a separate deposit of Rs 3 lakh in the name of daughter, which could be redeemed when she became a major.
