08 Apr 2026 12:35 PM

Divorce--Mental Cruelty--Arrest of Husband on False Complaints, Grave Character Allegations and Long Separation Constitute Mental Cruelty; Divorce Decree Affirmed:

Grave and reckless allegations against the character of a spouse, unsupported by evidence, amount to mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act. Irretrievable breakdown of marriage, though not an independent statutory ground for divorce, constitutes mental cruelty as held in Rakesh Raman v. Kavita, (2023) 17 SCC 433, binding under Article 141 of the Constitution. False criminal proceedings resulting in arrest and humiliation of a spouse further compound cruelty. Testimony of a family member residing in the shared household is admissible and reliable evidence of matrimonial conduct. Cumulative Conduct of Spouse — False Cases, Character Allegations, Prolonged Separation — Sufficient to Establish Mental Cruelty Under Section 13(1)(ia) HMA

LOGIN TO READ



CaseLawToday.com is powered by M/s Law Herald Infotech

×

Scan News QR


or