NARENDRA versus K. MEENA

Unsubstantiated allegations of extra-marital affair, threats, and attempt to commit suicide by the wife, and her persistent demands for the husband to separate from his family constitute mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act, warranting dissolution of marriage by decree of divorce.

Parties: Appellant Husband: Narendra; Respondent Wife: K. Meena
Jurisdiction: India
Judgment Date: 06 October 2016
Procedural Posture: Civil Appeal / Appeal From High Court Setting Aside Family Court Decree; Supreme Court Judgment
Outcome: Appeal allowed; High Court judgment set aside; Family Court decree of divorce restored.
Legal Topics: Divorce, Cruelty as a Ground for Divorce, Hindu Marriage Act, 1955

Family Law Divorce Cruelty as a Ground for Divorce Hindu Marriage Act, 1955

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 2 Authorities cited 4 Party arguments 2

Parties

Narendra

Appellant Husband

K. Meena

Respondent Wife

Procedural Posture

Civil Appeal / Appeal From High Court Setting Aside Family Court Decree; Supreme Court Judgment

Legal Issues

1 Whether threats and attempt to commit suicide and false allegations of extra-marital affair constitute cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955
2 Whether persistent demand by wife to separate husband from his family constitutes cruelty

Ratio Decidendi

Court Disposition

Appeal allowed; High Court judgment set aside; Family Court decree of divorce restored.

Orders

High Court judgment dated 8th March, 2006 in Miscellaneous First Appeal No. 171 of 2002(FC) quashed and set aside.
Decree of divorce dated 17th November, 2001 by Principal Judge, Family Court, Bangalore in M.C. No. 603 of 1995 is restored.