Behaviour that causes mental pain to spouse ground for divorce: SC
The Hindu Bureau
NEW DELHI 31.12.2024
The Supreme Court has in a judgment held that patterns of behaviour which cause immense emotional distress to a spouse amount to mental cruelty and is a ground for divorce. A Bench headed by Justice Vikram Nath said cruelty was not limited to inflicting physical pain to a spouse.
“Cruelty also encompasses actions that inflict mental pain and suffering that creates a reasonable apprehension of harm or injury to an aggrieved spouse from the conduct of the other spouse so as to make it impossible for them to stay together,” Justice Nath explained.
The court was hearing the prolonged legal battle between a couple, both engineers with a child, who have lived separately for years. The man has sought divorce on the ground that his estranged wife’s conduct, including leaving the matrimonial home and filing criminal complaints against him, amounted to mental cruelty. He said her behaviour had not only strained their relationship but also caused significant damage to his reputation and peace of mind. The Madras High Court had given the man divorce. She challenged the decree in the Supreme Court.
Upholding the High Court decision, the Bench agreed that “sustained emotional torment and loss of trust in the marital relationship constitutes cruelty”. The court said cruelty included actions of a spouse which were not just isolated incidents but formed a pattern of behaviour that made cohabitation impossible. Sustained and deliberate acts of cruelty make it unreasonable to expect a spouse to continue living with the other, Justice Nath noted.
“Marriage is a relationship built on mutual trust, companionship, and shared experiences. When these essential elements are missing for an extended period, the marital bond becomes a mere legal formality devoid of any substance...,” he said.
The court directed the man to pay his wife a permanent alimony of ₹50 lakh. Justice Nath dismissed the argument that the wife earned well, noting that financial independence cannot be a reason to deny her maintenance post-divorce if it was necessary to secure her dignity, social standing, and financial stability.
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