The Punjab and Haryana High Court has granted a divorce to a man under the Hindu Marriage Act on the grounds of “cruelty.” This follows the conviction of his wife for the murder of their children. The bench, comprising Justice Sudhir Singh and Justice Harsh Bunger, stated that the wife’s life imprisonment sentence for murder caused significant mental pain and apprehension, making it unsafe for the husband to continue the marriage. The Court acknowledged this as a form of cruelty.
Conviction and Mental Agony
The wife was convicted in 2010 for killing the couple’s two children and sentenced to life imprisonment under Section 302 of the Indian Penal Code. The Court noted that her long incarceration, spanning nearly nine years, resulted in the deprivation of the husband’s matrimonial rights and led to social humiliation. The judges emphasized that living with someone convicted of murder would understandably cause mental anguish and apprehension, which amounts to cruelty.
Previous Family Court Ruling
The family court in Sonepat had previously dismissed the husband’s plea for divorce in 2013. But the High Court overruled that decision. The Court found that the marriage had become unviable due to constant quarrels. This is stemming from educational differences and the wife’s apparent desire to end the relationship. Thus, leading her to murder their children.
Legal Precedents and Cruelty as a Ground for Divorce
The Supreme Court recognized that, in some cases, the actions of one party could render the marriage “dead. To support its view that a conduct leading to a situation. The spouse cannot reasonably be expected to live together constitutes cruelty.
Decision to Grant Divorce
There is absence of a specific provision in the Hindu Marriage Act relating to the conviction for murder. The High Court concluded that the wife’s actions amounted to mental cruelty. Hence, leading to the deprivation of the husband’s conjugal rights. In the interest of justice, the Court dissolved the marriage, allowing the husband to move forward with his life.
Conclusion
The Court’s decision to grant a divorce highlights the legal interpretation of cruelty in cases. Thus, involving extreme acts like murder. This offers relief to spouses who face long-term psychological and social consequences from such events.
