GURBUX SINGH versus HARMINDER KAUR

GURBUX SINGH versus HARMINDER KAUR

Divorce cannot be granted merely on the basis of isolated instances or normal quarrels; sustained unjustifiable and reprehensible conduct affecting the mental or physical health of the spouse is required to constitute cruelty. The appellant did not prove cruelty as required under Section 13 of the Hindu Marriage Act, 1955.

Parties
Appellant: Gurbux Singh; Respondent: Harminder Kaur
Jurisdiction
India
Judgment Date
08 October 2010
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal dismissed
Legal Topics
Divorce, Cruelty Under Hindu Marriage Act, Mental Cruelty
Family Law Divorce Cruelty Under Hindu Marriage Act Mental Cruelty

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Parties

Gurbux Singh

Appellant

Harminder Kaur

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the appellant-husband has made out a case for divorce on the ground of 'cruelty' by the respondent-wife under Section 13 of the Hindu Marriage Act, 1955.
  2. 2 Whether mere isolated instances or normal wear and tear of married life amount to cruelty.

Ratio Decidendi

Divorce cannot be granted merely on the basis of isolated instances or normal quarrels; sustained unjustifiable and reprehensible conduct affecting the mental or physical health of the spouse is required to constitute cruelty. The appellant did not prove cruelty as required under Section 13 of the Hindu Marriage Act, 1955.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with no order as to costs.