Amar Kanta Sen vs Sovana Sen (2015)
Citation: (2015) 5 SCC 148
Relevant Articles:
Section 13(1)(i) of the Hindu Marriage Act, 1955: Divorce on grounds of cruelty.
Section 125 of the CrPC: Maintenance of wives, children, and parents.
Facts:
Amar Kanta Sen filed for divorce against his wife, Sovana Sen, on the grounds of cruelty. He alleged that Sovana had subjected him to both physical and emotional cruelty during their marriage. Specifically, he claimed that Sovana regularly insulted him, emotionally abused him, and caused him extreme mental distress. She also refused to maintain marital relations and was hostile toward his family. Despite counseling efforts, Sovana’s behavior did not improve, and Amar Kanta sought legal recourse. Additionally, Sovana filed a petition for maintenance under Section 125 of the CrPC, claiming that Amar Kanta was neglecting her financial needs despite his ability to provide.
Issues:
Whether the allegations of cruelty (both mental and physical) by the wife justify granting a divorce under Section 13(1)(i) of the Hindu Marriage Act.
Whether a wife can seek maintenance under Section 125 of the CrPC despite her husband’s claims of cruelty.
Whether cruelty toward a spouse can result in a valid defense for not cohabiting or maintaining the marital relationship.
Judgment:
The Supreme Court granted the divorce, holding that Sovana’s behavior toward Amar Kanta constituted cruelty and that it had led to an irretrievable breakdown of the marriage. The Court emphasized that cruelty does not need to be physical in nature; mental cruelty could be just as damaging. The Court also ruled that a spouse who is subjected to cruelty is justified in refusing cohabitation, and the denial of maintenance was also considered an indication of further cruelty. The Court directed Sovana to receive maintenance as her claims were not substantiated by sufficient evidence of self-sufficiency.
-HARINYA
SAVEETHA SCHOOL OF LAW
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