No divorce by creating unbearable situation: SC

Says it is important to see whether person seeking divorce is cunning

A person can be denied divorce if it is found that he or she is seeking the relief by creating unbearable situation for the spouse to remain in the marriage, the Supreme Court has held.

A bench of Justices G S Singhvi and S J Mukhopadhaya explained the legal position under the Hindu Marriage Act (HMA) by holding that the divorce is not available for the one who wants it by taking advantage of his or her own wrong.

“It is always open to the court to examine whether the person seeking divorce is not in any way taking advantage of his or her own wrong or disability for the purpose of such relief. On such examination, if it is so found that the person is taking advantage of his or her wrong or disability, it is open to the court to refuse to grant relief,” the bench said.

The apex court rejected a plea made by a Jaipur-resident who wanted dissolution of his marriage on the ground of cruelty and desertion by claiming his wife was not ready to come back to the matrimonial home despite his best efforts.  After marriage in October 1990, he claimed his wife went to her parental home in March 1991 and gave birth to a baby boy. He further alleged that she had a grouse against him for not going with her wish to live separately by leaving his old and ailing father and two small sisters, who had no one else to look after.

The woman, in contrast, claimed that her husband used to drink a lot and often turned abusive for not bringing dowry. Besides, the man did not mention the fact of his first marriage in the matrimonial advertisement, she said. He made her to cook meat and forced her to consume liquor strictly prohibited in her religious belief, she further alleged.

She also claimed that the man got divorce from his first wife exactly on the similar grounds mentioned in the present petition. After hearing both the parties, the court said, it was admitted the man was a divorcee and had a son, which he has not revealed. The court also noted during the pendency of petition that the man placed a fresh matrimonial advertisement for his third marriage.

“In the present case, admittedly, marriage has not been dissolved by any of the court of law. On the other hand, the petition under Section 13 of the HMA for dissolution of marriage was dismissed by the judge of the family court. In such case there was no occasion for the appellant to come out with another advertisement for third marriage,” the apex court said.

Upholding the high court’s decision to reject his plea, the bench said his acts clearly showed his psychology of disobeying the law and entering into a number of marriages.

Refusing to intervene into the matter, the apex court noted that both high court as well as family court had come to a definite conclusion that the man has not only been cruel to his wife but has also brought the situation to the point where she had no option but to leave the matrimonial home.