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True Colors of a Vile Wife

Tag: HM Act 13 – Divorce Granted to Husband on Acquittal from IPC 498A case

Kulvinder Singh Gehlot Vs Parmila on 22 Aug 2023

Posted on September 24, 2023 by ShadesOfKnife

A division bench of Delhi High Court granted divorce to a couple who are separated for over 17 years…

From Para 17,

17. The divorce has been sought on the ground of cruelty. While “physical cruelty” is visible and easy to comprehend and determine, the more challenging aspect is “mental agony” which has been recognized as part of “cruelty” which once established, is a valid ground of divorce. The contours of “mental cruelty” were defined in case of V. Bhagat v. D. Bhagat (1994) 1 SCC 337, wherein the Hon’ble Supreme Court held that mental cruelty in Section 13(1)(ia) of the Act, 1956 can broadly be defined as that conduct which inflicts upon the other party such mental pain and suffering as would make it not possible for that party to live with the other. In other words, mental cruelty must be of such a nature that the parties cannot reasonably be expected to live together. The situation must be such that the wronged party cannot reasonably be asked to put-up with such conduct and continue to live with the other party. It is not necessary to prove that the mental cruelty is such as to cause injury to the health of the party.What is cruelty in one case may not amount to cruelty in another case. It is a matter to be determined in each case having regard to the facts and circumstances of that case.

From Paras 22 and 23,

22. During the trial, the allegations had not been established as held by the Order of Ld. Mahila Court, South District and amounts to a clear and categorical character assassination of the appellant as well as his family members.
23. It is not under challenge that the criminal proceedings under Section 107/151 Cr.P.C. were initiated against the parties. A Police Station is not the best of places for anyone to visit. It is a source of mental harassment and trauma each time he was required to visit the Police Station, like the “Damocles Sword” hanging over his head, not knowing when a case would be registered against him and he would be arrested. The respondent had done everything to get the appellant and his family entrapped in the criminal case. Such conduct of making false allegations and constant threat of being summoned to Police Station are the acts which severely impact the mental balance and all the acts of cruelty.

From Para 27,

27. A law of divorce based mainly on fault is inadequate to deal with a broken marriage. Under the “Fault theory”, guilt has to be proved; divorce courts are presented with concrete instances of human behaviour as they bring the institution of marriage into disrepute. We have been principally impressed by the consideration that once the marriage has broken down beyond repair, it would be unrealistic for the law not to take notice of the fact, and it would be harmful to society and injurious to the interests of the parties. Where there has been a long period continuous separation, it may be fairly surmised that the matrimonial bond is beyond repair. The marriage becomes a fiction, though supported by a legal tie. By refusing to sever that tie the law in such cases does not serve the sanctity of marriage; on the contrary, it shows scant regard for the feelings and emotions of the parties. The Family Court ought to have visualised that preservation of such a marriage is totally unworkable which has ceased to be effective and would be a greater source of misery for the parties. The Family Court ought to have considered that a human problem can be properly resolved by adopting a human approach. In the instant case, not to grant a decree of divorce would be disastrous for the parties. Otherwise, there may be a ray of hope for the parties that after a passage of time (after obtaining a decree of divorce) the parties may psychologically and emotionally settle down and start a new chapter in life.

Kulvinder Singh Gehlot Vs Parmila on 22 Aug 2023

Citations: [2023 SCC ONLINE DEL 5122]

Other Sources:

https://indiankanoon.org/doc/186009176/

https://www.casemine.com/judgement/in/64e4d541d2752322a69ddb3d

https://www.verdictum.in/court-updates/high-courts/constant-threat-of-arrest-and-wifes-false-allegations-has-become-source-of-mental-cruelty-delhi-hc-grants-divorce-to-aggrieved-husband-1491232


Index of Divorce Judgments here.

Posted in High Court of Delhi Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to Divorce granted on Cruelty ground Divorce granted on Desertion ground HM Act 13 - Divorce Granted to Husband HM Act 13 - Divorce Granted to Husband on Acquittal from IPC 498A case Irretrievable Breakdown of Marriage Kulvinder Singh Gehlot Vs Parmila Willful Desertion By Knife | Leave a comment

Dr. Ramkeshwar Singh Vs Sheela Singh on 13 Jul 2022

Posted on July 18, 2023 by ShadesOfKnife

A division bench of High Court of Chhattisgarh held that the wife committed mental cruelty upon husband and therefore granted divorce to husband. But Court also ordered payment Rs.15,000/- per month to wife as alimony.

From Para 24,

24. The appellant is a Doctor and as stated during the course of hearing, the respondent wife is a private teacher. Therefore, facing a criminal case would always castigate a stigma in the Society. The report u/s 498-A of the IPC cannot be used as a tool to teach a lesson to the family members of the husband as it may adversely affect the future prospects of a young professional and it may take long time to fill up the gap. Therefore, we are of the opinion that false accusations made by the wife against the entire family members under section 498-A would amount to mental cruelty and such conduct of respondent wife which inflicts upon the appellant husband such mental pain and suffering would make it not possible for her to live with the appellant husband.Dr. Ramkeshwar Singh Vs Sheela Singh on 13 Jul 2022

Dr. Ramkeshwar Singh Vs Sheela Singh on 13 Jul 2022

 

Posted in High Court of Chhattisgarh Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Divorce Granted to Husband Dr. Ramkeshwar Singh Vs Sheela Singh HM Act - Mental Cruelty Proved HM Act 13 - Divorce Granted to Husband on Acquittal from IPC 498A case HM Act 25 – Permanent Alimony Allowed Irretrievable Breakdown of Marriage Mental Cruelty Reportable Judgement or Order | Leave a comment

Rani Narasimha Sastry Vs Rani Suneela Rani on 19 November, 2019

Posted on December 9, 2019 by ShadesOfKnife

Apex Court has held that after acquittal from IPC 498A case, husband can file for divorce under the ground of Cruelty.

Telangana High Court said that,

14…..

Merely because the respondent has sought for maintenance or has filed a complaint against the petitioner for the offence punishable under Section 498-A of IPC, they cannot be said to be valid grounds for holding that such a recourse adopted by the respondent amounts to cruelty.”

The Supreme Court disapproved of this view.

The above observation of the High Court cannot be approved. It is true that it is open for anyone to file complaint or lodge prosecution for redressal for his or her grievances and lodge a first information report for an offence also and mere lodging of complaint or FIR cannot ipso facto be treated as cruelty. But when a person undergoes a trial in which he is acquitted of the allegation of offence under Section 498-A of IPC, levelled by the wife against the husband, it cannot be accepted that no cruelty has meted on the husband. As per pleadings before us, after parties having been married on 14.08.2005, they lived together only 18 months and thereafter they are separately living for more than a decade now.

Rani Narasimha Sastry Vs Rani Suneela Rani on 19 November, 2019

Citations : [2019 SCC ONLINE SC 1595], [2019 (6) CTC 587]

Other Sources:

https://indiankanoon.org/doc/60266171/

https://www.casemine.com/judgement/in/5e01d7a18ef1524a1e205ef8


The High Court of Telangana decision that got set aside is here.


Index of all Domestic Violence Judgments is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 498A Case Dismissed Earlier Acquitted in IPC 498A Divorce granted on Cruelty ground HM Act 13 - Divorce HM Act 13 - Divorce Granted to Husband HM Act 13 - Divorce Granted to Husband on Acquittal from IPC 498A case IPC 498A - Husband or relative of husband of a woman subjecting her to cruelty Rani Narasimha Sastry Vs Rani Suneela Rani Sandeep Pamarati Sensational Or Peculiar Cases

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