Dhanwanti Joshi vs Madhav Unde (1998)
Citation: AIR 1998 SC 2908
Relevant Articles:
Section 13(1)(i) of the Hindu Marriage Act, 1955: Divorce on grounds of cruelty.
Facts:
Dhanwanti Joshi sought a divorce from her husband, Madhav Unde, on the grounds of cruelty. They were married for several years, but throughout the marriage, Madhav subjected Dhanwanti to constant emotional and physical abuse. He was particularly abusive in his words and actions, which caused her distress. Madhav's cruelty included degrading her publicly and making hurtful remarks. Dhanwanti repeatedly tried to salvage the relationship, but Madhav's behavior remained unchanged. Despite attempts to seek counseling and reconciliation, Madhav refused to acknowledge his wrongdoings and continued his abusive behavior, forcing Dhanwanti to seek legal recourse for her relief.
Issues:
Whether consistent physical and verbal abuse amounts to cruelty under the Hindu Marriage Act.
Whether the continued cruelty by the husband justified the wife’s request for divorce.
Judgment:
The Supreme Court granted the divorce, ruling that the repeated physical and verbal abuse amounted to cruelty and that such treatment rendered the marriage unworkable. The Court noted that cruelty could include both physical and mental harm, and the constant abuse inflicted upon Dhanwanti was deemed to be a clear violation of the marital duties. Since the marriage was marked by an inability to reconcile, the Court concluded that the divorce was the only reasonable option.
-HARINYA
SAVEETHS SCHOOL OF LAW
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