Neerja Saraph vs Jayant Saraph || AIR 1994 SC 1065 || Divorce

Neerja Saraph vs Jayant Saraph (1994)

• Citation: AIR 1994 SC 1065

• Relevant Articles:

  1. Section 13(1)(ia) of the Hindu Marriage Act, 1955: Divorce on the grounds of cruelty.

     
     

     

     Neerja Saraph vs Jayant Saraph (1994)

• Facts:

  Neerja Saraph filed for divorce under Section 13(1)(ia) of the Hindu Marriage Act citing cruelty. She married Jayant Saraph in 1985. Over the course of their marriage, she was subjected to continuous physical and mental cruelty by her husband. Jayant was often abusive, both verbally and physically, which caused her mental anguish. He frequently humiliated her in front of others and used harsh language. Moreover, his behavior made it impossible for Neerja to live a peaceful life, and she felt her dignity was compromised. Despite efforts to reconcile, including counseling and family intervention, the situation did not improve. Neerja finally sought a divorce when Jayant's cruelty became intolerable.

  Issues:

• Whether the husband's actions of physical and mental cruelty justify granting a divorce under the Hindu Marriage Act.

• Whether the repeated instances of cruelty were substantial enough to render the marriage unworkable and justify a dissolution.

  Judgment:

  The Supreme Court ruled in favor of Neerja Saraph, granting her divorce. The Court recognized that cruelty could be both physical and mental and stated that a marriage could not be sustained under such intolerable conditions. The Court emphasized that a spouse’s emotional and physical well-being is paramount and that repeated cruel behavior by one partner leads to a breakdown of the marriage. Since the husband had failed to prove that the wife’s claims were unfounded, the Court granted the divorce.

  -HARINYA