New Delhi: The Supreme Court has held
that in matrimonial disputes "cruelty" can be in various forms
including subtle gestures and words.
"Whether a husband is cruel to his wife or a wife is
cruel to her husband has to be ascertained and judged by
taking into account the entire facts and circumstances of the
given case and not by any pre-determined rigid formula.
"Cruelty in matrionial cases be of infinite
varieties--it may be subtle or even brutal and may be by
gestures and words,"the apex court said in a judgement.
The apex court made the remarks while quashing the
divorce plea of a husband who accused his wife of cruelty
and desertion but was actually harassing her.
A bench of Justices P Sathasivam and Asok Kumar
Ganguly said the evidence on record clearly indicated that it
was Ravi Kumar who was harassing Julmi Devi, forcing her to
live separately
Under the Hindu Marriages Act, desertion can be a
ground for grant of divorce to the aggrieved spouse.
The apex court said Ravi Kumar cannot claim desertion
by his wife as it was his constant harassment which compelled
her to leave the matrimonial home and live separately.
The apex court said the daughter of the couple had
also testified that it was her father who constantly
harassed the mother.
"The daughter in her evidence categorically stated
that her father used to beat her mother. She denied that her
mother abused her father but she repeatedly deposed that her
father used to beat her mother and the reasons for which are
not known to her," the apex court said.
PTI
First Published: Thursday, February 11, 2010, 23:52