V. BHAGAT versus MRS. D. BHAGAT

Citation: [1993] SUPP. 3 S.C.R. 796 · Decided: 19-11-1993 · Supreme Court of India · Bench: KULDIP SINGH

Judgment (excerpt)

A 
V. BHAGAT 
v. 
MRS. D. BHAGAT 
NOVEMBER 19, 1993 
B 
[KULDIP SINGH AND B.P. JEEVAN REDDY, JJ.) 
Hindu Marriage Act 1955-Section 13 (i)(ia}-Cruelty-What is-Can 
be broadly defined-That conduct which inflicts upon the other p2irty such 
mental pain and suffering as would make it impossible for that party to live 
C with the other-Must be of such nature that the parties cannot be reasonably 
expected to live with each other-While arriving at such conclusion, regard 
· must be had to the social status, educational level of the parties etc. petition 
for divorce filed by husband-Avennents in wife's written statement-Alleging 
mental instability on the part of the husband-Questions to husband in cross-
D examination suggesting mental instability of husband and his entire f ami-
ly--Held, amount to mental cruelty. 
Hindu Marriage Act 1955-Section 13-Divorce-Practice and proce-
dure-Divorce can be granted on the basis of pleadings and oth ~r admitted 
material without fell trial only where there are really extraordinlll) features to 
E clear up an insoluble mess-Irretrievable breakdown of marriage not a ground 
by itself but a relevant circumstance. 
The Appellant husband, a practising Advocate of the Supreme Court 
and the Delhi High Court filed a Petition against the Respondent-wife, a 
senior executive in a public sector corporation for divorce on the ground 
F of adultery. In the written statement the wife, ~·'tile denying the allegation 
of adultery, attributed the same to mental instability of the husband. In 
view of this allegation, the husband amended bis petition to add a new 
ground of divorce viz. mental cruelty. 
·G 
The Petition remained pending for over 8 years, first in the District 
Court at Delhi and thereafter in the Delhi High Court to which it had 
been transferred. Against an order of the High Court striking out a large 
number of paragraphs from the petition of divorce, the husband filed an 
appeal to the Supreme Court (Civil Appeal No. 424 of 1987) which was 
allowed on 19th February 1987 with directions for expeditious disposal of 
H the divorce petition. However, the matter remained pending and the 
796 
V. BHAGATv. MRS. D. BHAGAT 
797 
Supreme Court gave further directions for expeditious hearing on May 1, A 
1991. In the course of protracted cross-examination of the husband, Senior 
Counsel for the wife put several questions to him suggesting that he and 
several members of his family including his grandfather were lunatics and 
that a streak of insanity was running in the family. When the husband 
protested against these questions, Senior Counsel clearly stated that the 
question were being put because it was the wife's case that the husband's 
entire family were lunatics. 
At the time when the husband's evidence was over and the wife's 
evidence was being recorded the husband moved the present application 
B 
I.A. No. 1 of 1993 in civil Appeal No. 424of1987 (Which was disposed of C 
on 19th February, 1987), praying for further directions for expeditious 
disposal. The Supreme Court explored the possibilities of a settlement, but 
none materialised. In this background, Counsel for the Petitioner made a 
plea to grant divorce on the ground of cruelty evidenced by the averments 
in the wife's written statement and the questions put in cross-examination, D 
notwithstanding the earlier dismissal of an application making a similar 
prayer by the Delhi High Court and the dismissal of a Special Leave 
Petition against the said order by the Supreme Court. It was contended on 
behalf of the husband that the marriage had broken irretrievably. 
On the other hand Counsel for the wife contended inter alia she was E 
always prepared to live with her husband and that the pleas taken in her 
written st~tement were merely her reactions to the unjusti;;ed and unwar-
ranted aspersions cast on her character. 
Accepting the husband's plea for grant of divorce on the ground of F 
cruelty, the Court withdrew the Petition for Divorce (HM Case No. 1 of 
1986 pending in the Delhi High Court) to itself, allowed the same and 
declared the marriage to be dissolved, while holding that the allegations 
of the Husband regarding adultery were not proved and that the honour 
and character of the Respondent-wife stood vindicated. · 
HELD : 1. This is an unusual case calling for an unusual solution. 
This divorce petition bas been pending for more than 8 years, and is still 
at the state of trial. A good part of the life of both

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