Husband has cold and indifferent attitude. I am a primary teacher in the state of Uttar Pradesh. My husband is also a teacher and working in the same department. We are posted in different schools in different districts. From the last six years we are living apart with our free consent. We never applied for transfer in one school or near to the school of any spouse. In the meantime, my husband filed a civil suit for the restitution of conjugal rights. I had filed my written statement and denied all grounds stated in the plaint. Thereafter, my husband had withdrawn that plaint and filed a case for the divorce on the ground of cruelty. He stated in the plaint that I did not take leave on the engagement ceremony of his sister. This has caused immense insult, inconvenience and mental cruelty. When I came in the marriage of my nanad, my husband humiliated me in front of guests. I remained quiet and did not say anything. Can my husband get divorce?
You did not mention anything about the cold and indifferent attitude of your husband. Therefore, we are unable to give any advise on this particular matter. But so far as the facts of your case are concerned, an important issue has involved i.e. whether divorce can be granted on single incident of cruelty.
It appears from the facts of your case that your husband has not sufficient grounds to seek decree of divorce. Cruelty, however, is a ground of divorce under Section 13 of the Hindu Marriage Act. But single incident of cruelty does not infer that spouses are not able to live together or caused such mental pain and suffering as would make it not possible for that party to live with the other.
It is well settled by now that a solitary instance does not constitute cruelty by itself as has been held in G.V.N. Kameswara Rao v. G. Jabilli, (2002) 2 SCC 296. The supreme court has opined that:
In order to determine if the counter-petitioner’s actions constitute cruelty, the court must consider various factors, such as the parties’ social status, customs, traditions, and other relevant circumstances. Given the significance of marriage in society, the court must also evaluate whether the counter-petitioner’s behavior has made it unbearable for the petitioner to continue living together, rendering coexistence impossible. Only then can the court conclude that the counter-petitioner’s actions are cruel. It’s important to note that this determination should not be based solely on a single incident, but rather on an overall examination of all pertinent factors.
Therefore, it is not possible to grant a decree of divorce merely and solely on the basis of single incident of cruelty. So far as absent on engagement ceremony is concerned, you have a valid excuse that leave was not granted by the authority even after stated good reason thereof. Such an incident was unintentional thus does not constitute cruelty. It is hypocritical analysis of your husband that it is amount to cruelty.
The primary factor of the matrimonial offense used to be actual physical harm or the reasonable fear of it. However, this belief is now rejected, and the contemporary perspective recognizes that mental cruelty can be even more damaging. It can lead to the injured spouse having a reasonable apprehension that living with the other party is harmful or unsafe. If you are facing such a situation, it is advisable to contest the case and provide all evidence that supports your innocence.
