VIJAY KUMAR RAMA CHANDRA BHATE versus NEELA VIJAY KUMAR BHATE

VIJAY KUMAR RAMA CHANDRA BHATE versus NEELA VIJAY KUMAR BHATE

Persistent and grave allegations of unchastity and extra-marital relationships against the wife, even if later withdrawn, constitute cruelty sufficient under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 to justify dissolution of the marriage. The withdrawal does not negate their effect, and given the strong hatred and rancour evident between the parties, restitution of conjugal rights is not justified.

Parties
Appellant: Vijay Kumar Ramachandra Bhate; Respondent: Neela Vijay Kumar Bhate
Jurisdiction
India
Judgment Date
16 April 2003
Procedural Posture
Civil Appeal / Supreme Court Final Appellate Decision
Outcome
Appeals dismissed
Legal Topics
Divorce, Cruelty, Restitution of Conjugal Rights
Family Law Divorce Cruelty Restitution of Conjugal Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Vijay Kumar Ramachandra Bhate

Appellant

Neela Vijay Kumar Bhate

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Appellate Decision

Legal Issues

  1. 1 Whether the husband's allegations of unchastity and extra-marital relationship against the wife constitute cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955
  2. 2 Whether withdrawal of such allegations by amendment of the written statement negates their effect for the purposes of granting divorce
  3. 3 Whether the husband's petition for restitution of conjugal rights should be allowed

Ratio Decidendi

Persistent and grave allegations of unchastity and extra-marital relationships against the wife, even if later withdrawn, constitute cruelty sufficient under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 to justify dissolution of the marriage. The withdrawal does not negate their effect, and given the strong hatred and rancour evident between the parties, restitution of conjugal rights is not justified.

Court Disposition

Appeals dismissed

Orders

  • Dissolution of marriage confirmed
  • Petition for restitution of conjugal rights rejected