Dr. Surajmani Stella Kujur vs Durga Charan Hansdah (2001)
Citation: (2001) 2 SCC 220
Relevant Articles:
Section 13(1)(i) of the Hindu Marriage Act, 1955: Divorce on grounds of cruelty.
Facts:
Dr. Surajmani Stella Kujur sought divorce from her husband, Durga Charan Hansdah, under the grounds of cruelty. She alleged that her husband had subjected her to mental cruelty and had been indifferent to her emotional needs. Additionally, she accused him of having extramarital affairs and abandoning her. Despite efforts to reconcile and counseling from both families, the situation did not improve, and Dr. Surajmani filed for divorce as she could not continue living with her husband in such an environment.
Issues:
Whether the wife’s claims of mental cruelty and emotional neglect could constitute grounds for divorce under the Hindu Marriage Act.
Whether abandonment and extramarital affairs amounted to cruelty justifying divorce.
Judgment:
The Supreme Court ruled in favor of Dr. Surajmani, granting her a divorce. The Court held that both mental cruelty and abandonment were valid grounds for divorce under the Hindu Marriage Act. The Court noted that a marriage cannot survive without mutual love, trust, and respect, and when one party engages in extramarital affairs and neglects the other, it leads to irretrievable breakdown.
-Harinya
Saveetha School of Law
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