Oct 21, 2010
NEW DELHI: Persistent demand for excessive sex causing injury can be ground for seeking divorce, the Supreme Court has ruled.
Dealing with the undefined term "cruelty" under Section 13 of the Hindu Marriage Act, which provides grounds for divorce, a Bench comprising Justices P Sathasivam and B S Chauhan said the onus was on the one seeking divorce to prove with evidence that a particular conduct of the other partner had caused him/her cruelty.
The ruling came on a plea by an aggrieved husband.
While dealing with the whole gamut of what can be called "cruelty", entitling a spouse to move court for divorce, the Bench said even a single act of violence which was of grievous and inexcusable nature could fit the definition.
"Persistence in inordinate sexual demands or malpractices by either spouse can be cruelty if it injures the other spouse," said Justice Sathasivam, who wrote the judgment for the Bench.
However, a few isolated instances of cruelty over a certain period of time would not amount to cruelty as married life should be assessed as a whole, the Bench said while rejecting one Gurbux Singh's appeal seeking divorce on the ground of cruelty.
"Making certain statements on the spur of the moment and expressing displeasure about the behaviour of elders may not be characterised as cruelty. Mere trivial irritation, quarrels, normal wear and tear of married life which happens in day to day life in all families would not be adequate for grant of divorce on the ground of cruelty," the Bench clarified.
Having failed to prove cruel behaviour of his wife, Singh tried to impress the apex court to grant him divorce saying the marriage had broken down irretrievably as he and his wife were living separately since 2002 and there was no chance of their reunion.
The Bench said divorce has to be granted strictly under the grounds provided in Section 13 of Hindu Marriage Act though the apex court might have dissolved marriage on account of irretrievable breakdown in one case.
Dealing with the undefined term "cruelty" under Section 13 of the Hindu Marriage Act, which provides grounds for divorce, a Bench comprising Justices P Sathasivam and B S Chauhan said the onus was on the one seeking divorce to prove with evidence that a particular conduct of the other partner had caused him/her cruelty.
The ruling came on a plea by an aggrieved husband.
While dealing with the whole gamut of what can be called "cruelty", entitling a spouse to move court for divorce, the Bench said even a single act of violence which was of grievous and inexcusable nature could fit the definition.
"Persistence in inordinate sexual demands or malpractices by either spouse can be cruelty if it injures the other spouse," said Justice Sathasivam, who wrote the judgment for the Bench.
However, a few isolated instances of cruelty over a certain period of time would not amount to cruelty as married life should be assessed as a whole, the Bench said while rejecting one Gurbux Singh's appeal seeking divorce on the ground of cruelty.
"Making certain statements on the spur of the moment and expressing displeasure about the behaviour of elders may not be characterised as cruelty. Mere trivial irritation, quarrels, normal wear and tear of married life which happens in day to day life in all families would not be adequate for grant of divorce on the ground of cruelty," the Bench clarified.
Having failed to prove cruel behaviour of his wife, Singh tried to impress the apex court to grant him divorce saying the marriage had broken down irretrievably as he and his wife were living separately since 2002 and there was no chance of their reunion.
The Bench said divorce has to be granted strictly under the grounds provided in Section 13 of Hindu Marriage Act though the apex court might have dissolved marriage on account of irretrievable breakdown in one case.
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