Judgment for Divorce- Ground Cruelty

Narendra v. K. Meena — is a Supreme Court of India judgment dealing with matrimonial disputes under the Hindu Marriage Act, 1955. Divorce on grounds of cruelty.

Notes of the matter – Narendra v. K. Meena, Civil Appeal No. 3253 of 2008

Date of Judgment: 06 October 2016

Background of Case:

The marriage between the appellant (husband, Narendra) and the respondent (wife, K. Meena) was solemnized in February 1992.

The husband filed a petition for divorce under Section 13(1)(ia) of the Hindu Marriage Act 1955 on the ground of cruelty.

He alleged that the wife constantly pressurized him to live separately from his aged parents, even though he was the only son to takeing care of his parents.

Wife frequently quarreling with him.

Making derogatory statements and threats to implicate him and his family in false criminal cases.

The Trial Court allowed the petition and granted divorce.

Issues:

Whether the conduct of the wife in pressurizing the husband to separate from his parents amounted to cruelty under the Hindu Marriage Act?

Whether such mental cruelty entitled the husband to divorce?

Supreme Court’s Observations:

Indian society traditionally expects a son to look after his parents, especially if he is the only son.

A wife insisting that the husband abandon his parents without justifiable reason amounts to mental cruelty.

The Court emphasized that every case depends on its facts, but in this case, the persistent demand caused great stress and unhappiness to the husband.

Judgment:

The Supreme Court allowed the appeal and granted divorce to the husband.

It held that the wife’s behavior constituted mental cruelty under Section 13(1)(ia) HMA.

Appellant (Husband)

As the only son, he had a moral and legal obligation to take care of his aged parents.

The wife’s continuous insistence to separate from them caused him immense mental agony and stress.

Her behavior, including threats of false cases and ill-treatment of his family, made it impossible for him to continue marital life.

Respondent (Wife)

Denied the allegations of cruelty.

Contended that mere differences or demands cannot amount to cruelty.

Argued that the husband was exaggerating facts to get rid of her.

The Supreme Court allowed the appeal.

The decree of divorce granted by the Trial Court was restored.

The husband was granted divorce on the ground of cruelty.

Divorce on grounds of cruelty

Disclaimer: This article is for educational and informational purposes only. It provides a general understanding of legal remedies but does not constitute legal advice. For specific legal guidance, you can consult a legal expert.

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