Basic concept of divorce on the ground of mental Cruelty

 


Basic concept of divorce on the ground of mental Cruelty


IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

FAMILY COURT APPEAL NO.70 OF 2015

Thalraj  Vs Jyoti 

CORAM : A. S. CHANDURKAR AND PUSHPA V. GANEDIWALA, JJ.

DATED : 10th February, 2021.


 In the context of marriage, 'mental cruelty' refers to behavior or actions that cause significant emotional or psychological distress to one spouse by the other. Specifically, in cases involving unfounded scandalous allegations against a spouse made in the pleadings or filing of false complaints, such actions can be considered as instances of mental cruelty.

When one spouse makes baseless and scandalous allegations against the other in the legal pleadings or files false complaints, it can have a severe impact on the targeted spouse's mental well-being. These actions can lead to humiliation, embarrassment, and emotional trauma. The false accusations can damage the reputation and social standing of the innocent spouse, causing significant distress and mental anguish.

Courts recognize the detrimental effects of such behavior and consider it as a form of mental cruelty. In divorce proceedings, if a spouse can provide evidence of the other spouse's unfounded scandalous allegations or filing of false complaints, it can be a ground for seeking a decree of dissolution of marriage based on mental cruelty.

1) In Dastane Vs Dastane, It is in this landmark judgment that the Supreme Court of India for the first time recognized mental cruelty as a valid ground for divorce and also the theory of condonation of the same on the basis of Sec. 23 (1) (b) of the Hindu Marriage Act.The SC held that the wife threatening to end her life, and verbally abusing the husband, among other acts, amounted to mental cruelty.


2) 

n K Srinivas Rao Vs. D. A. Deepa 2013(5)Mh.L.J.10 it has been observed in paragraph 14 by the Hon’ble Supreme Court as under :

“14… Making unfounded indecent defamatory allegations

against the spouse of his or her relatives in the pleadings,

filing of complaints of issuing notices or news items which

may have adverse impact on the business prospect or the

job of the spouse and filing repeated false complaints and

cases in the Court against the spouse would, in the facts of

a case, amount to causing mental cruelty to the other

spouse.”

It thus becomes clear that making of unfounded allegations

against the spouse or his/her relatives in the pleadings or making

complaints with a view to affect the job of the spouse amounts to causing

mental cruelty to the said spouse.


Bharath L

Advocate

High court of Karnataka, Bangalore

9844734166

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