Single incident doesn't fall under cruelty ground for divorce - Divorce Helpline - 9962999008

The couples got married on 10.11.2010 according to Hindu religious rites and customs. At the time of marriage, the wife was employed as an Assistant in the State Bank of India, Madras and the husband was also employed in IT sector, The husband has got deformity with his legs due to polio attack. He cannot walk fast and freely. Knowing fully well about his health the wife married him. After marriage, the wife started to ill-treat the husband and abuse the husband by saying all sorts of derogatory remarks about his deformity and the wife also called the husband as a limp. On 1.1.2012, when the husband went to the office of the wife to pick up her while returning home, she objected to that saying that she did not like him and she did not like to go with a limp person in public and the wife ill-treated the husband with all contempt and disrespect. On 5.5.2012, she openly declared that she did not want to live with the husband any more and she is prepared to get divorce from the husband and wanted to marry her family friend by name Narayanan who had been employed with her for more than seven years. This art of the wife caused mental cruelty to the husband and he is put to great mental agony. On account of this cruelty, the husband lost peace of mind and also his health was affected. On 8.1.1992 when the husband went to the wife's parent's house along with the wife, the wife did not allow him to stay there and on one occasion, the husband was waiting in the Annanagar bus stand for the PTC bus and to his shock and surprise, the husband saw the wife going to hospital along with Narayanan in his cycle and immediately, the husband returned to the wife's house and questioned about the act of the wife with her parents and they also replied that the wife is not interested in living with him and she is interested in leading life with Narayanan. On 7.5.2012, when the wife went to ESI Hospital along with Narayanan in a bicycle the husband met the wife and questioned about her act and she told that she has got relationship with Narayanan for seven years and she created a big scene in the public road. The child is also not properly maintained by the wife and it is in the custody of the wife. So, the husband sought for divorce and custody of the minor child.

In this case cruelty has to be necessarily proved by the husband by establishing cruelty on the part of the wife adversely affecting the petitioner. Except the one incident that the respondent went in the cycle along with Narayanan, there is no other activities available in this case to substantiate the allegation of the husband that the wife was having illicit intimacy with the said Narayanan. The fact that the said Narayanan is a family friend of the wife’s family and who was also helping the wife’s  father in many ways and especially during the marriage time of the wife goes to establish that Narayanan took the respondent to hospital as she was not well. From that solitary incident alone, it cannot be concluded that the respondent was having illicit intimacy with Narayanan That solitary ground alone will not constitute cruelty on the part of the respondent and that cannot be a firm ground for passing a decree for divorce.  The court in this matter has considered view that the isolated incident cannot form a ground for passing a decree for divorce and the decree for divorce is not liable to be sustained .

An isolated or single act is not amounts to cruelty. Law emphasis continues activity of cruelty

Authour K.P.Satish Kumar M.L. Advocate High Court Chennai

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