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Argument Lab/For Petitioner/Allegations of Insanity in Pleadings Constitute Cruelty — (1994) 1 SCC 337
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Allegations of Insanity in Pleadings Constitute Cruelty — (1994) 1 SCC 337

The wife's allegations in her written statement that the husband is a 'mental patient' suffering from 'paranoid disorder' and that his entire family are 'lunatics' with a 'streak of insanity'…

V. Bhagat v. D. Bhagat — (1994) 1 SCC 337

Core Argument

The wife's allegations in her written statement that the husband is a 'mental patient' suffering from 'paranoid disorder' and that his entire family are 'lunatics' with a 'streak of insanity' constitute mental cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, independent of the original adultery allegations.

Key Precedents

  • N.G. Dastane v. S. Dastane (1975) 2 SCC 326 — Established that under pre-1976 Section 10(1)(b) of the Hindu Marriage Act, 1955, cruelty required proof of reasonable apprehension of harm or injury; the deletion of these words in Section 13(1)(i-a) lowered the threshold.
  • Shobha Rani v. Madhukar Reddi (1988) 1 SCC 105 — Held that intention is not a necessary element of cruelty, and the categories of cruelty are not closed; each case depends on its own facts including social status and profession.
  • Chanderkala Trivedi v. Dr S.P. Trivedi (1993) 4 SCC 232 — Held that when mutual allegations are made and the marriage is dead, continuing litigation is an exercise in futility.

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