Shanti Devi vs Govind Singh (2003)
Citation: (2003) 6 SCC 129
Relevant Articles:
Section 13(1)(i) of the Hindu Marriage Act, 1955: Divorce on grounds of cruelty.
Section 9 of the Hindu Marriage Act, 1955: Restitution of conjugal rights.
Facts:
Shanti Devi sought divorce from her husband, Govind Singh, under the grounds of cruelty. She accused him of subjecting her to physical abuse, verbal humiliation, and neglect. Shanti claimed that her husband had been abusive toward her for several years and that his behavior had worsened over time. She also filed for restitution of conjugal rights, demanding that Govind return to live with her. Govind Singh, however, denied the charges of cruelty and counterclaimed that Shanti had deserted him. He also argued that the marriage had broken down beyond repair.
Issues:
Whether the husband's conduct of cruelty (both physical and mental) justified the wife's request for divorce under the Hindu Marriage Act.
Whether the wife’s request for restitution of conjugal rights was valid when the husband had already abandoned her.
Whether the husband’s abandonment of the wife was a sufficient cause for granting divorce.
Judgment:
The Supreme Court ruled in favor of Shanti Devi, granting her divorce on the grounds of cruelty. The Court noted that physical and mental cruelty, as alleged by Shanti, amounted to a violation of marital duties. The Court also stated that a spouse who has been subjected to cruelty has the right to refuse to live with the other spouse, even when the marriage is not formally dissolved. As for the restitution of conjugal rights, the Court ruled that it was not applicable in this case as Shanti had valid reasons (cruelty) for not cohabiting with her husband. Therefore, Govind Singh’s abandonment of Shanti and his cruelty were sufficient grounds for the dissolution of their marriage.
-HARINYA
Saveetha School of Law
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