Divorce can be granted on harming of reputation: Supreme Court

The Supreme Court has held that an individual can seek divorce on the ground of mental cruelty if his or her reputation is harmed by the spouse among his or her colleagues, superiors and the society at large.

The top court allowed a plea for divorce by an army officer whose wife wrote several complaints against him to his superiors and to the women rights bodies.

A three-judge bench presided over by Justice Sanjay Kishan Kaul said such behaviour by a wife would certainly amount to inflicting cruelty on the man, and would be a ground of divorce.

“When the reputation of the spouse is sullied amongst his colleagues, his superiors and the society at large, it would be difficult to expect condonation of such conduct by the affected party," the bench said.

"In circumstances like this, the wronged party cannot be expected to continue with the matrimonial relationship and there is enough justification for him to seek separation,” the bench added.

The bench, also comprising Justices Dinesh Maheshwari and Hrishikesh Roy, said when the career and reputation of a spouse were severely damaged because of the conduct of the other partner, it could not be expected of the former to reconcile and agree to live together again.

The court emphasised that mental cruelty, as a ground for divorce, had to be understood keeping in mind the background, the level of education and the status of the couple in order to determine whether the conduct in question was such that it would justify dissolution of a marriage.

The man and the woman got married in September 2007 in Dehradun but they were soon separated after the wife left the matrimonial home and went to live with her parents after a few months.