The Allahabad High Court, while allowing a divorce petition on the grounds of cruelty observed that though cruelty as a ground for divorce remains hard to define and no straight jacket formula has been adopted unrebutted evidence of the minor daughter substantiating allegations of cruelty made by the mother sufficient ground for divorce under Section 13 of the Hindu Marriage Act.
Brief Facts:
The present appeal was filed under Section 19 of the Family Court Act, which rejected the divorce petition on the grounds that the allegations of cruelty were vague in nature. The parties got married in 1999 and had two children in 2000 and 2003, respectively. Before the Family Court, it was established that the parties cohabited till 2011. While living in South Africa, the respondent is said to have assaulted the appellant. The appellant also alleged adultery. Though the appellant did not want to go back to South Africa, the respondent persuaded her to come with him. Once the appellant returned to South Africa with her kids, it was alleged that the cruel behavior continued.
Observations of the court:
The court noted that the evidence of the minor daughter supporting the allegations of cruelty describing physical assaults on the mother as well as the children was never denied by the respondent at any stage and no material was produced against such material. The court stated that though there is no straight jacket formula for defining cruelty as a ground of divorce, the evidence of the minor daughter regarding cruelty was sufficient as it had never been challenged or controverted.
The court further stated that though cruelty as a ground for divorce remains hard to define and no straight jacket formula has been adopted at the same time, once the minor child of the parties had specifically deposed that the respondent had tried to throttle her mother on many occasions and that he habitually locked up his family from outside and left them to fend for themselves in that situation for days, no other evidence of cruelty was required to be led in face of that unrebutted evidence.
The decision of the Court:
The court set aside the order of the family court and granted divorce to the parties.
Case Title: Manjusha Servesh Joshi vs. Sarvesh Kumar Joshi
Coram: Hon’ble Mr. Justice Saumitra Dayal Singh and Hon’ble Mr. Justice Donadi Ramesh
Case No.: - FIRST APPEAL No. - 472 of 2018
Advocate for the Petitioner: Gunjan Sharma, Namit Kumar Sharma
Advocate for the Respondent: None
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