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 337Core 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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