The couples got married on 10.11.2010 according to Hindu
religious rites and customs. At the time of marriage, the wife was employed as
an Assistant in the State Bank of India, Madras and the husband was also
employed in IT sector, The husband has got deformity with his legs due to polio
attack. He cannot walk fast and freely. Knowing fully well about his health the
wife married him. After marriage, the wife started to ill-treat the husband and
abuse the husband by saying all sorts of derogatory remarks about his deformity
and the wife also called the husband as a limp. On 1.1.2012, when the husband
went to the office of the wife to pick up her while returning home, she
objected to that saying that she did not like him and she did not like to go
with a limp person in public and the wife ill-treated the husband with all
contempt and disrespect. On 5.5.2012, she openly declared that she did not want
to live with the husband any more and she is prepared to get divorce from the husband
and wanted to marry her family friend by name Narayanan who had been employed
with her for more than seven years. This art of the wife caused mental cruelty
to the husband and he is put to great mental agony. On account of this cruelty,
the husband lost peace of mind and also his health was affected. On 8.1.1992
when the husband went to the wife's parent's house along with the wife, the wife
did not allow him to stay there and on one occasion, the husband was waiting in
the Annanagar bus stand for the PTC bus and to his shock and surprise, the husband
saw the wife going to hospital along with Narayanan in his cycle and immediately,
the husband returned to the wife's house and questioned about the act of the wife
with her parents and they also replied that the wife is not interested in
living with him and she is interested in leading life with Narayanan. On 7.5.2012,
when the wife went to ESI Hospital along with Narayanan in a bicycle the husband
met the wife and questioned about her act and she told that she has got
relationship with Narayanan for seven years and she created a big scene in the
public road. The child is also not properly maintained by the wife and it is in
the custody of the wife. So, the husband sought for divorce and custody of the
minor child.
In this case
cruelty has to be necessarily proved by the husband by establishing cruelty on
the part of the wife adversely affecting the petitioner. Except the one
incident that the respondent went in the cycle along with Narayanan, there is
no other activities available in this case to substantiate the allegation of
the husband that the wife was having illicit intimacy with the said Narayanan.
The fact that the said Narayanan is a family friend of the wife’s family and
who was also helping the wife’s father
in many ways and especially during the marriage time of the wife goes to
establish that Narayanan took the respondent to hospital as she was not well.
From that solitary incident alone, it cannot be concluded that the respondent
was having illicit intimacy with Narayanan That solitary ground alone will not
constitute cruelty on the part of the respondent and that cannot be a firm
ground for passing a decree for divorce. The court in this matter has considered view
that the isolated incident cannot form a ground for passing a decree for
divorce and the decree for divorce is not liable to be sustained .
An isolated or
single act is not amounts to cruelty. Law emphasis continues activity of
cruelty
Authour K.P.Satish
Kumar M.L. Advocate High Court Chennai
Leading Divorce
Lawyer
Team Daniel &
Daniel
Helpline:-
9962999008
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