SC: Mental Cruelty Valid Ground for Divorce

Why in the news?

The Supreme Court upheld a divorce granted due to mental cruelty, ruling that sustained emotional distress caused by a spouse’s behavior can justify divorce. The husband was ordered to pay ₹50 lakh alimony.

SC: Mental Cruelty Valid Ground for Divorce

Court’s Ruling on Mental Cruelty

  • The Supreme Court ruled that behavior causing emotional distress to a spouse constitutes mental cruelty and is a valid ground for divorce.
  • Justice Vikram Nath, heading the Bench, emphasized that cruelty is not confined to physical harm but includes actions creating a reasonable apprehension of harm or injury, making cohabitation impossible.
  • Sustained emotional torment and loss of trust in the relationship were cited as factors that constitute cruelty, especially when they form a recurring pattern.

Case Details

  • The case involved a prolonged legal battle between a couple, both engineers with a child, who have been living separately for years.
  • The husband sought divorce, citing mental cruelty due to his wife’s conduct, including leaving the matrimonial home and filing criminal complaints against him.
  • The Madras High Court granted the man a divorce, which the wife challenged in the Supreme Court.
  • Upholding the High Court’s decision, the SC recognized the wife’s behavior as constituting mental cruelty and damaging the husband’s reputation and peace of mind.

Observations and Alimony Decision

  • The court noted that marriage is built on mutual trust and companionship, and prolonged absence of these elements renders the relationship a mere legal formality.
  • The husband was directed to pay ₹50 lakh as permanent alimony to his wife, ensuring her dignity and financial stability.
  • The court rejected the argument that her financial independence negated the need for maintenance, highlighting the importance of securing her social standing.

Relevant Legal Provisions

Section 13(1)(i-a) of HMA: Cruelty

  • Introduced as a ground for divorce by the 1976 amendment.
  • Includes physical cruelty (violent acts) and mental cruelty (emotional distress).
  • Not defined in the Act; interpreted based on circumstances.
  • Supreme Court rulings:
  • Shobha Rani v. Madhukar Reddi (1988): Cruelty has no fixed definition.
  • Mayadevi v. Jagdish Prasad (2007): Mental cruelty applies to both genders.

Section 13(1)(i-b) of HMA: Desertion

  • Amended in 1976 to include desertion as a ground for divorce.
  • Requires willful neglect for at least two continuous years without reasonable cause.
  • Must be voluntary, unjustified, and deliberate.
  • Terminated by mutual consent or resumption of cohabitation.

Sources Referred:

PIB, The Hindu, Indian Express, Hindustan Times