Pankaj Mahajan v. Dimple @ Kajal, decided by the Supreme Court of India on 30 September 2011. Divorce granted on cruelty.

Issues

Whether the appellant husband, Pankaj Mahajan, is entitled to a decree of divorce under Section 13 of the Hindu Marriage Act, 1955, based on grounds of cruelty—particularly due to the respondent wife’s mental illness (schizophrenia) and associated conduct?

Facts of This case

Marriage & Living

Appellant was Mr. Pankaj Mahajan in this case. Who got Married in the year of 2000 Amritsar; after marriage initially they have decided to live with the husband’s parents house. A daughter was born in the year of 2001. After some days their marriage, the behaviour of the wife has changed and acting like a mentally ill patient. after that they moved to a rented house.

Behavior & Mental Health

Post-marriage, the wife displayed abnormal, aggressive, and suspicious behavior. She frequently threatened suicide and attempted, and saved by the husband. She demanded a separate residence and threatened legal consequences against the husband’s family.

Medical & Domestic Disruption

The husband learned that the wife suffered from schizophrenia, diagnosed before and after marriage. Despite multiple treatments, her condition remained incurable. Her conduct involved public insults, physical aggression (e.g., pushing him down stairs), lack of childcare, and domestic disturbances.

Procedural History

The husband filed for divorce in the District Court (Amritsar), which granted the divorce in 2006. The Punjab & Haryana High Court overturned this, remanding in favor of the wife. The husband then appealed to the Supreme Court.

Legal Issue

Does the respondent’s mental disorder and associated conduct amount to cruelty under Section 13(1)(ia) of the Hindu Marriage Act, granting the appellant a right to divorce?

Judgment

The Supreme Court, in a Division Bench (Justices P. Sathasivam and B. S. Chauhan), allowed the appeal, reinstated the District Court’s decree, and granted divorce to the husband. The High Court’s judgment was set aside.

Grounds for Cruelty included:

Persistent threats of suicide, creating emotional and psychological harm.

Physical aggression, including causing injury via pushing.

Public humiliation and insulting behavior.

Failure to perform marital and domestic obligations (childcare, household).

The incurable nature of her mental condition and continued abnormal conduct rendered cohabitation untenable.

Conclusion

Held: The Supreme Court found that the wife’s chronic mental illness and associated behavior constituted valid ground for divorce under cruelty.

Financial provisions were structured to secure the child’s welfare.

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