LexVIJAY KUMAR RAMA CHANDRA BHATE versus NEELA VIJAY KUMAR BHATE
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VIJA Y KUMAR RAMA CHANDRA BHA TE A V. NEELA VIJA Y KUMAR BHATE APRIL 16, 2003 [DORAISWAMY RAJU AND D.M. DHARMADHIKARI, JJ.] B Hindu law: Hindu Marriage Act, 1955; Section 13(l)(i-a): Petition for dissolution of marriage on ground of cruelty meted out to the wife-petition for restitution of conjugal rights and custody of children filed by the husband-Grant of dissolution of marriage and rejection of petition c for restitution of conjugal rights by Trial Court-Accusation of unchastity/ extra marital relationship-Withdrawal thereafter-Effect of-Restitution of D conjugal rights-Scope of-Held: such an accusation causing marital agony and suffering for the wife amounting to cruelty rendering maintenance of matrimonial home impossible-Withdrawal of accusation does not wipe out completely a/legations levelled against the wife for all purposes-Since allegations and counter allegations exchanged between husband and wife indicating existence of slrong hatred and rancour between them, claim for E restitution of conjugal rights is not based upon any genuine purpose or aim- Hence rightly rejected by Courts below. Words and Phrases: 'cruelty' and 'reslilulion of conjugal rights '-Meaning of F Respondent-wife had filed a petition for dissolution of marriage and grant of divorce on the ground of cruelty under Section 13(1)(i-a) of the Hindu Marriage Act. In the written statement, husband made allegations against his wife of unchastity, illicit relationship etc. but later withdrew the allegations. Appellant-husband also filed a petition for restitution of conjugal rights and G custody of children. Trial Court granted dissolution of marriage taking into consideration allegations leveled by the husband. However, petition filed by the husband was rejected. The judgment was affirmed by the High Court. Hence the present appeals. 607 H 608 SUPREME COURT REPORTS [2003) 3 S.C.R. A It was contended for the appellant that the judgment of the Courts below could not be sustained as it was based upon certain allegations/averments which had already been withdrawn by him when allegations regarding cruelty meted out to wife were rejected by the Courts; and that there was scope for restitution of the marital relationship between the husband and the wife. B Dismissing the appeal, the Court HELD: 1.1. It is well settled law in regard to cruelty that leveling disgusting accusations of unchastity and indecent familiarity with a person outside the wedlock and allegations of extra marital relationship are a grave C assault on the character, honour, reputation, status as well as the health of the wife, viewed in the context of an educated Indian wife and judged by Indian conditions and standards it would amount to worst form of insult and cruelty, sufficient by itself to substantiate cruelty in law, warranting the decree to be allowed. [612-H; 613-AJ D Dr. N.G. Dastane v. Mrs. S. Dastane, AIR (1975) SC 1534 and V. Bhagat v. D. Bhagat, (Mrs.) [1994[ 1 SCC 337, relied on. 1.2. In the instant case, no exception could be taken to the findings recorded by the Family Court as well as the High Court. The accusations are of such quality, magnitude and consequence as to cause mental pain, agony E and suffering amounting to the reformulated concept of cruelty in matrimonial law causing profound and lasting disruption and driving the wife to feel deeply hurt and reasonably apprehended that it would be dangerous for her to live with a husband who was taunting her like that and rendered the maintenance of matrimonial home impossible. [613-C[ F 1.3. The allegations made by the husband do not appear to have been the result of any sudden outburst. On the other hand, such injurious reproaches, accusations and taunts as were found to have been made lend credence to the fact that the husband was persisting in them for sufficiently a long time humiliating and wounding the feelings of the wife to such an extent G as to make it insufferable for the wife and to live in matrimonial home any longer with the husband. The findings of the Courts below are well merited and fully justified on the materials available on record and that they are neither shown to suffer any infirmity in law nor substantiated to be based on no evidence or vitiated on account of any perversity of approach to call for a different conclusion. (613-D-E-F-G( H ' ..... VIJA Y KUMAR RAMACHANDRA BHATE v. NEELA VIJA Y KUMAR 609 1.4. In
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