Cruelty, if proven, is an actual cause of action for divorce: the court ruled that there is no legal requirement on the court to compel the restoration of their marital relationship without first analyzing the surrounding circumstances.
Title: Smt. Bhawna Vs. Hemsingh @ Tinchu
Citation: FIRST APPEAL No. – 1360 of 2023
Decided on: 20.12.2023
Coram: Justice Shiv Shanker Prasad & Justice S.D. Singh
Introduction
The appellate court, constituted of Hon’ble Saumitra Dayal Singh and Hon’ble Shiv Shanker Prasad, rejected Hemsingh @ Tinchu’s appeal against the judgement and order of the learned Principal Judge, Family Court, Etawah. The court rejected the appellant’s request to overturn the lower court’s grant of dissolution of marriage. Smt. Bhawna, the respondent, effectively proved claims of cruelty, including dowry demand, physical abuse, and pressuring her to step down from her government position. The defence witnesses, close family members of the appellant, confirmed the respondent’s accusations, claiming that the appellant’s terrible behaviour resulted in his removal from his father’s Will.
As a result, the court upheld the lower court’s judgement, emphasizing that if cruelty is proved, a cause of action for divorce develops, and the court is not required to order the restoration of the marital relationship without taking into account the surrounding circumstances.
Facts of the case
The appeal originates from a Hindu Marriage Act (H.M.A.) case named Smt. Bhawna vs. Hemsingh @ Tinchu, Case No. 253 of 2019. The grounds for divorce were cruelty charges, centered on the appellant’s demand on dowry, physical attacks, and pressing the respondent to resign from her government employment as a police constable. Furthermore, significant charges of adultery were levelled against the respondent. The defence witnesses, who were close family members of the appellant, offered testimony that further strengthened the claims of poor character levelled against him, resulting in his removal from his father’s Will.
Court’s observation and analysis
The appeal originates from a Hindu Marriage Act (H.M.A.) case named Smt. Bhawna vs. Hemsingh @ Tinchu, Case No. 253 of 2019. The grounds for divorce were cruelty charges, centered on the appellant’s demand on dowry, physical attacks, and pressing the respondent to resign from her government employment as a police constable. Furthermore, significant charges of adultery were levelled against the respondent. The defence witnesses, who were close family members of the appellant, offered testimony that further strengthened the claims of poor character levelled against him, resulting in his removal from his father’s Will. The court emphasized that cruelty, if proven, is an actual cause of action for divorce. The court rejected the appellant’s counter-allegation of adultery against the respondent, ruling that it was not established. The judgement emphasized that the acts of cruelty were neither sporadic nor singular, and the defence evidence corroborated the lower court’s conclusions.
While the potential of the couples reconciling may be examined, the court ruled that there is no legal requirement on the court to compel the restoration of their marital relationship without first analyzing the surrounding circumstances. Given the proven cruelty and its support by defence witnesses in this instance, the court found no mistake in the lower court’s decision to dissolve the marriage.
The court underlined the importance of showing cruelty as a viable reason for divorce under the Hindu Marriage Act, in conformity with Indian guidelines and regulations. The denial of the appeal is consistent with the principles that once cruelty has been proved, the court is justified in awarding a divorce judgement, and the restoration of the marriage conjunction may not be required without taking into account the surrounding circumstances.
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Written by- Aastha Ganesh Tiwari
