Hindu Marriage Act, 1955 — Section 13(1)(ia) — Cruelty

May 8th, 2013

Hindu Marriage Act, 1955 — Section 13(1)(ia) — Cruelty — Allegation of being womanizer and drunkard by publication — Effect — Wife publicised in the newspapers that husband was a womaniser and a drunkard and made wild allegations about his character — Held, such a publication in the newspaper having good circulation can cause trauma, agony and anguish in the mind of any reasonable man — In fact, it can decidedly be said that it was mala fide and the motive was to demolish the reputation of the husband in the society by naming him as a womaniser, drunkard and a man of bad habits — It does not require Solomon’s wisdom to understand the embarrassment and harassment that might have been felt by the husband — The level of disappointment on his part can be well visualised like a moon in a cloudless sky — No scintilla of doubt that the uncalled for allegations are bound to create mental agony and anguish in the mind of the husband.

(Para 34 & 38)

Vishwanath Sitaram Agrawal v. Sau. Sarla Vishwanath Agrawal[Bench Strength 2], Civil Appeal No. 4905/2012 (Arising out of S.L.P. (Civil) No. 16528/2007)(04/07/2012), 2012(4) SCV(Civil) 533: 2012 AIR(SC) 2586: 2012(7) SCC 288: 2012(6) JT 62: 2012(4) Supreme 216: 2012(5) SLT 230 [Deepak Verma, J.: Dipak Misra, J.]

Entry Filed under: Judgements,Matrimonial Laws