Hindu Marriage Act, 1955 — Section 13(1)(ia) — Cruelty — Proof to establish, requirement of, scope

August 2nd, 2013

Hindu Marriage Act, 1955 — Section 13(1)(ia) — Cruelty — Proof to establish, requirement of, scope — Discussed — Special Marriage Act, 1954 — Section 27(d).

HELD: This is no longer the required standard. Now it would be sufficient to show that the conduct of one of the spouses is so abnormal and below the accepted norm that the other spouse could not reasonably be expected to put up with it. The conduct is no longer required to be so atrociously abominable which would cause a reasonable apprehension that it would be harmful or injurious to continue the cohabitation with the other spouse. Therefore to establish cruelty it is not necessary that physical violence should be used. However continued ill-treatment cessation of marital intercourse, studied neglect, indifference of one spouse to the other may lead to an inference of cruelty.

Manisha Tyagi v. Deepak Kumar[Bench Strength 2], Civil Appeal No. 5387/2007(10/02/2010), 2010 AIR(SC) 1042: 2010(2) SCR 554: 2010(4) SCC 339: 2010(2) JT 82: 2010(2) SCALE 294: 2010(1) SLT 690 [V.S. Sirpurkar, J.: Surinder Singh Nijjar, J.]

Entry Filed under: Matrimonial Laws