Basis for divorce under Hindu law: Divorce grounds in India: ‘Crash landing happened before flight’, calling wife’s act cruel, Supreme Court allows husband to divorce:
- The Supreme Court allowed a two-decade-old marriage to break up
- The Supreme Court has ruled that a wife’s actions are cruel to her husband
- The wife left 15 days after the marriage, after which the husband divorced
- But when the husband got married, the wife began to abuse him in various ways.
The Supreme Court has annulled a two-decade-old marriage in which a married couple did not live together even for a day after marriage. The Supreme Court has said that the relationship has been terminated since the beginning of the marriage and crashed at the time of take-off. A bench of Supreme Court Justices Sanjay Kishan Kaul and Hrishikesh Roy exercised the privileges conferred under Article 142 of the Constitution and granted the divorce while ordering the annulment of the marriage.
The quarrel took place two weeks after the marriage
As of the present case, the two were married in 2002 and all mediation between the two had failed. The husband, who is an assistant professor in a government college, told the apex court that his wife started prosecuting him only two weeks after the marriage and several lawsuits were filed in a row. He told the Supreme Court that it was his wife’s cruelty to him. The Supreme Court accepted the husband’s argument and allowed him to divorce.
Supreme Court agrees – wife commits atrocities
A two-judge bench of the Supreme Court has said that the trial court and the high court have not found sufficient facts to justify a husband’s divorce on the grounds of cruelty to his wife. Neither court thought they should investigate the wife’s behavior. The Supreme Court said the wife not only filed lawsuits but also threatened the husband by going to his office. The apex court said the high court had erred in dismissing the incidents as “common ground”.
The Supreme Court made this comment
The Supreme Court has said, “… these tireless actions of the defendant are a measure of cruelty. This behavior shows the dissolution of marital unity, which is the dissolution of marriage. In fact, the two were never together. It further states, “She (wife) has sought disciplinary action from the petitioner (husband) as the husband is remarried, but the second marriage took place after the divorce was granted, i.e. the woman tried her best to remove the petitioner from the job. If someone tries to fire her husband, it is mental cruelty.
‘Crash landing before flight’
The two were married in 2002, but, as the court said, “it crashed before it could fly” because the woman left, saying she did not consent to the marriage. Fifteen days later the husband filed for divorce, but the wife was not ready for it and demanded her rights as a wife. Five years later, the family court divorced and within a week the husband remarried. The Madras High Court set aside the family court’s decision, after which the husband ran to the Supreme Court. The Supreme Court upheld the husband’s argument that the wife’s behavior was cruel and upheld the divorce.
The Supreme Court allowed the husband to divorce her on the grounds of wife cruelty.
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