Summary
The Supreme Court restored a divorce decree on mental cruelty where persistent defamatory complaints by the wife had harmed the husband’s Army career and reputation. The Court rejected the view that relief required a separate judicial finding that her allegations were false, and found the conduct more serious than ordinary marital discord. The Family Court’s dismissal of the wife’s restitution petition was also restored.
Issues
- Whether persistent reputation-damaging complaints to military superiors and other authorities constituted mental cruelty on these facts.
Provisions considered
- Section 13(1)(ia), Hindu Marriage Act, 1955The established pattern of defamatory complaints and its impact on reputation and career justified dissolution on the ground of mental cruelty. (¶ 10-15)
Held
- Mental cruelty must be assessed in the parties’ circumstances, including their background and the effects of the conduct. No uniform standard applies; the question is whether the wronged spouse can reasonably be expected to continue the relationship. (¶ 10)
- The wife’s persistent defamatory complaints led to an Army inquiry and harmed the husband’s career and reputation. Her claimed purpose of protecting the marriage did not justify that conduct. (¶ 11-14)
- The absence of a separate judicial declaration that the allegations were false did not bar matrimonial relief on the material in this case. The High Court erred in treating the conduct as ordinary wear and tear. (¶ 12-15)
Result
High Court judgment set aside; Family Court order granting divorce and dismissing the wife’s restitution petition restored. Appeals disposed of with parties bearing their own costs.