38.6c New Delhi, India, Friday, October 25, 2024
Breaking News
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Gauhati High Court Allows Divorce on the grounds of Separation from Parents, Calls it Cruelty

By Tanurag Ghosh      22 June, 2020 12:34 PM      1 Comments
Gauhati High Court Divorce Separation from Parents

The High Court of Gauhati allowed divorce for a man who was forced to stay away from parents by the wife. The court called it an act of cruelty and allowed the divorce on the quoted grounds. 

Under section 13 of the Hindu Marriage Act, 1955, a divorce can be granted, citing cruelty as a reason. 

Historically, the development of cruelty has been very peculiar. Under the Hindu Marriage Act, 1955, cruelty was not initially provided as a ground for divorce. Only judicial separation was allowed. The amendment brought in 1976 changed this stance of the Hindu personal laws and included it as a ground for divorce. 

The court has repeatedly said that circumstances amounting to cruelty cannot be listed as it depends heavily on the backgrounds of each case. Still, it has clarified that normal wear and tear in the course of marriage would not amount to cruelty. The petitioner has to prove that the act or circumstances are grave and weighty, and make it impossible for the petitioning spouse to live with the partner. 

The bench comprising of Chief Justice Ajay Lamba and Justice Soumitra Saikia passed the judgment granting divorce to the petitioner because his wife separated him from his stepmother. The court noted that under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, children are required to provide maintenance to their parents, including stepparents. 

The District Court initially dismissed the husbands divorce petition. While considering the appeal, the bench noted that there was evidence proving that the stepmother had no personal source of income and that she is a senior citizen. The court analyzed the agreement extensively, the execution of which was demanded by the wife before the husband and his family members sought a pre-arrest bail. 

The condition in the agreement was about leaving separately away from family members of the husband and that none of the family members would be permitted to visit. The court said that the Family Court ignored the fact that the husband was compelled and prevented from performing his statutory duties towards his stepmother under the provisions of the 2007 act. It concluded that this evidence was enough to construe the act of cruelty because the forced non-compliance would inevitably lead to criminal consequences.

The court also took note of the fact that the wife had filed cases under Section 498A of the Indian Penal Code, 1972, which deals with criminal punishment for cruelty by husband or his family towards the wife. The aforementioned case resulted in the acquittal of the husband. The court said-

"When a person undergoes a trial in which he is acquitted of the allegation of an offense under Section 498-A of IPC, leveled by the wife against the husband, it cannot be accepted that no cruelty has meted on the husband."

Similar reasoning was followed by the Supreme Court in 2016 while adjudicating a case of granting divorce where the husband was forced to live away from his parents. The apex court stated that no husband would tolerate this, and no son would like to be separated from his parents and other family members who are dependent on him.



Share this article:



John Doe
Anil Ahuja Jun 24, 2020

Thank you

Leave a feedback about this
TRENDING NEWS

cheque-issued-for-bribe-payment-not-enforceable-under-ni-act-punjab-and-haryana-hc
Trending Judiciary
Cheque issued for bribe payment not enforceable under NI Act: Punjab and Haryana HC [Read Order]

The Punjab and Haryana High Court ruled that bribe payments do not constitute legally enforceable liabilities under the Negotiable Instruments Act, 1881.

24 October, 2024 10:56 AM
pune-porsche-accident-bombay-hc-rejects-anticipatory-bail-over-alleged-evidence-tampering-involving-3-lakh-bribe
Trending Judiciary
Pune Porsche Accident: Bombay HC rejects anticipatory bail over alleged evidence tampering involving ₹3 lakh bribe [Read Order]

Bombay High Court rejects anticipatory bail in Pune Porsche accident case, citing serious evidence tampering and bribery allegations against the accused’s father.

24 October, 2024 11:07 AM

TOP STORIES

sc-dismisses-plea-for-direction-to-set-up-regulatory-board-to-monitor-and-manage-ott-platforms
Trending Judiciary
SC dismisses plea for direction to set up regulatory board to monitor & manage OTT platforms

SC dismisses plea to set up a regulatory board for OTT platforms, stating the issue falls under policy matters, not for the court to intervene.

19 October, 2024 06:22 PM
a-judges-praise-of-politician-may-affect-publics-trust-in-judiciary-sc-judge-b-r-gavai
Trending Judiciary
A judge's praise of politician may affect public's trust in judiciary: SC judge B R Gavai

SC Judge B R Gavai cautions that judges praising politicians and resigning to contest elections may erode public trust and compromise judicial impartiality.

21 October, 2024 01:34 PM
complainant-cant-insist-on-deciding-plea-to-summon-other-accused-before-cross-examination-sc
Trending Judiciary
Complainant can't insist on deciding plea to summon other accused before cross examination: SC [Read Judgment]

SC rules complainant can’t delay cross-examination to summon others as accused; trial court has discretion on timing under Section 319 CrPC.

21 October, 2024 01:36 PM
sc-dismisses-kejriwals-plea-against-summons-in-defamation-case-on-remarks-on-pms-academic-degree
Trending Judiciary
SC dismisses Kejriwal's plea against summons in defamation case on remarks on PM's academic degree

SC dismisses Kejriwal’s plea challenging summons in defamation case over remarks on PM Modi’s degree, upholding Gujarat University’s complaint.

21 October, 2024 05:10 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email