Justice M.P. Chandrakantaraj Urs and Justice R. Ramakrishna
What is the requisites to prove ‘cruelty’ to invoke Section 13(1)(i-a) of Hindu Marriage Act,1955?
It was contended that no cruelty has been caused to the husband to grant the order of judicial separation.
Despite notices being served by the court, the respondent didn’t appear for the hearing.
The Supreme Court allowed the appeal & gave ex-parte order in absence of respondent. It set aside the decree of judicial separation as no case can be made for mental cruelty on the basis of mere domestic quarrels.
“In a case, in which, a series of acts have been alleged to amount to cruelty, physical or mental, the cruelty so alleged must be such as to cause mental anguish that would affect the health of the person so alleging them and then alone would it constitute a threat to his person and life. The preponderance of Decisions support the view that cruelty physical or mental must constitute threat of danger to the person or life of the person on whom cruelty is practiced. If that element of threat to the life or person is absent, it cannot be the cruelty much less mental cruelty.”
-Para 7 (Yashoda Bai v. Krishnamoorthy Bhimappa Katavka)