GURBUX SINGHversusHARMINDER KAUR

                    [2010] 12 S.C.R. 275


                       GURBUX SINGH                                A
                               v.
                     HARMINDER KAUR
              (Civil Appeal No. 501 o of 2007)

                     OCTOBER 8, 2010
                                                                   B
    [P. SATHASIVAM AND DR. B.S. CHAUHAN, JJ.]

     Hindu Marriage Act, 1955: s. 13 - Divorce on the grC!und
of cruelty - Held: It is essential for the spouse, claiming relief, ,
to prove that a particular/part of conduct or behaviour resulted C
in cruelty to him/her - The married life should be assessed
as a whole and a few isolated iostances over certain period
would not amount to cruelty - Mere trivial irritations, quarrels,
normal wear and tear of married life which happens in day to
day life in all families would not be adequate .for grant of       o·
divorce on the ground of cruelty - An isolated friction on some
occasion like festival of Lohri even in the presence of others
cannot be a valid ground for dissolving the marriage.

      Constitution of India, 1950: Article 142 - Request made1
before Supreme Court to exercise jurisdiction u!Art.142 in         E
order to grant dissolution of marriage on the ground that (he
parties were living separately for long and it was impossible
for their re-union - Held: Request not allowed in the absence
of permissibility of such course in law, although, on a rare
occasion, Supreme Court granted the extraordinary relief de        F
hors the grounds mentioned in s. 13, in view of the fact that
the issue was under reference to larger Bench - Hindu
Marriage Act, 1955 - s. 13.

    The appellant-husband was a Principal in ITI College.          G
He filed a divorce petition under Section 13 of the l;iindu
Marriage Act, 1955 against the respondent~wife who was
working as a Librarian in Government Institute on the
ground of cruelty. The trial court as also the High Court
                              275                                  H
    276      SUPREME COURT REPORTS            [2010] 12 S.C.R.

A dismissed the petition. The instant appeal was filed
  challenging the order of High Court.

          Dismissing the appeal, the Court

         HELD: 1.1. Section 13 of the Hindu Marriage Act, 1955
B specifies the grounds on which a decree for divorce may
   be obtained by either party to the marriage. In the instant
   case, in the divorce petition, the appellant had sought
   divorce merely mentioning Section 13 of the Act for
   dissolution of marriage by decree of divorce, and he did
C not specify the grounds on which he is entitled to decree
   of divorce. In the petition, the appellant highlighted only
   one aspect, namely, that after the marriage, on the first
   festival of Lohri, when they were enjoying the festival, the
   respondent-wife abused his mother and the father in the
[) presence of relatives and neighbours. Except the said
   allegation, the appellant did not highlight any other
   instance about cruelty by the respondent. An isolated
   friction on some occasion like festival of Lohri even in the
   presence of others cannot be a valid ground for
E dissolving the marriage. [Paras 7, 12] [280-H; 281-A-B;
   286-H; 287-A]

       1.2. Cruelty has not been defined under the Act. It is
  quite possible that a particular conduct may amount to
  cruelty in one case but the same conduct necessarily
F may not amount to cruelty due to change of various
  factors, in different set of circumstances. Therefore, it is
  essential for the appellant, claiming relief, to prove that a
  particular/part of conduct or behaviour resulted in cruelty
  to him. No prior assumptions can be made in such
G matters. Meaning thereby that it cannot be assumed that
  a particular conduct will, under all circumstances,
  amount to cruelty vis-a-vis the other party. It is true that
  even a single act of violence which is of grievous and
  inexcusable nature satisfies the test of cruelty. The
H
        GURBUX SINGH v. HARMINDER KAUR                  277


married life should be assessed as a whole and a few            A
isolated instances over certain period will not amount to
cruelty. Making certain statements on the spur of the
moment and expressing certain displeasure about the
behaviour of elders may not be characterized as cruelty.
Mere trivial irritations, quarrels, normal wear and tear of     B
married life which happens in day to day life in all families
would not be adequate for grant of divorce on the ground
of cruelty. Sustained unjustifiable and reprehensible
conduct affecting physical and mental health of the other
spouse may lead to mental cruelty.--Persistence in              c
inordinate sexual demands or malpractices by either
spouse can be cruelty if it injures the other spouse.
[Paras 11, 12] [285-G-H; 286-A-G]

      Samar Ghosh v. Jaya Ghosh (2007) 4 SCC 511 - relied
on.                                                             D

    Vijaykumar Ramchandra Bhate v. Nee/a Vijaykumar
Bhate (2003) 6 SCC 334 - held inapplicable.

     2. As regards the allegations about beating her child      E
and not feeding him, the High Court, after analyzing the
entire materials, disbelieved the same. It is noted that the
appellant condoned the alleged act of cruelty as he
wa~ted to bring back the. respondent to his house. As
such, the allegations of cruelty do not appear to be
                                                                F
truthful. It is also proved that the appellant is not
interested to keep the respondent as his wife and he
wants· divorce by any means. [Para 14] [287-F-G]

     3. The request that the parties were livil')g separately
from 2002 and it would be impossible for their re-union,        G
hence this Court by exercising its jurisdiction under
Article 142 of the Constitution may order dissolution of
their marriage in the interest of both parties, cannot be
acceded to in the absence of permissibility of such
course in law although, on a rare oc~asion, this Court has      H
    278       SUPREME COURT REPORTS            [2010] 12 S.C.R.


A granted the extraordinary relief de hors the grounds
  mentioned in Section 13. Besides, the issue has been
  referred to a larger Bench about permissibility of such a
  course. If there is any change of law or additional ground
  included in Section 13 by the act of Parliament, the
B appellant is free to avail the same at the appropriate time.
  [Para 15] [288-A-C]

                         Case Law Reference:
          (2007) 4 sec 511        relied on            Para 10
c         (2003) s sec 334        held inapplicable    Para 13
        CIVIL APPELLATE JURISDCITION : Civil Appeal No.
    5010 of 2007.

D       From the Judgment & Order dated 11.05.2007 of the High
    Court of Punjab & Haryana at Chandigarh in FAO No. 252 of
    2006.

          Vinay Kumar Garg, Namrata Singh for the Appellant.

E         Seeraj Bagga, Sureshta Bagga for the Respondent.

          The Judgment of the Court was delivered by

       P. SATHASIVAM, J. 1. The appellant, a Principal in ITI
F College, Sirhali, Amritsar, has approached this Court against
  the judgment and final order dated 11.05.2007 of the High
                                                     1
  Court of Punjab & Haryana at Chandigarh in FAO No. 252-M
  of 2006 whereby the learned single Judge dismissed the
  appeal filed by him against the judgment and order dated
  11.10.2006 of the Additional District Judge (Ad hoc), Amritsar,
G dismissing the petition filed under Section 13 of the Hindu
  Marriage Act, 1955 (hereinafter referred to as "the Act") for a
  decree of divorce against the respondent-wife, who is working
  as a Librarian in Government Institute DIET at Verka, Amritsar
  on the ground qf~uelty'. Both the courts have rejected the
H
           GURBUX SINGH v. HARMINDER KAUR                           279
                  [P. SATHASIVAM, J.]
  claim of the appellant herein on the ground that he has failed             A
  to prove 'cruelty' sufficient for grant of a decree of divorce.

  The case of the Appellant

        2. (a) On 23.11.1997, the appellant got married with the
   respondent at Amritsar according to Sikh rites and customs.               B
   Even on the date of marriage, the respondent had been working
   as a Librarian in a Government Institute DIET at Verka,
   Amristar. From the very beginning, the respondent expressed
'i her dislike towards the appellant and his family and gradually
   started misbehaving with them. She started exhibiting short-              c
   tempered behaviour and treated the parents of the appellant
   with cruelty .and disrespect. The father of the appellant is aged
   about 80 years and his mother is more than 75 years. In the
   month of January 1998, on the first Lohri festival after their
   marriage, the respondent being annoyed with the appellant on              D
   a trivial issue, abused his mother in filthy language in the
   presence of their relatives and neighbours causing immense
   pain to the entire family. Since then, the respondent started
   insisting that she cannot live with the parents of the appellant
   who are mental and nuisance in her life and pressed upon the              E
   appellant to have a separate abode from his parents.

        (b) On 15.05.1999, a male child was born out of the
   wedlock. Even after the birth of the child, there was no
   improvement in the behaviour of the respondent. She always
   insisted that she being financially independent is not in need            F
   of the appellant and his family.

          (c) Just five days before the third birthday of their child i.e.
   on 10.05.2002, the respondent, without any justifiable reason
   left the matrimonial home leaving the child unattended and went           G
   to her parents house and staying there since then. The appellant              "'
   having failed in his efforts to bring back the respondent to the
   matrimonial home and in view of the consistent cruelty filed HMA
   Case No. 19 of 2003 before the Addi. District Judge, Amritsar,
   praying for a decree of divorce under Section,, 13 of the Act.            H
    280     SUPREME COURT REPORTS               [2010] 12 S.C.R.


A The stand of the Respondent

        3. In reply to the divorce petition, while denying all the
  averments made by the appellant, the respondent has stated
  that the appellant is a greedy person and not satisfied with the
  dowry articles received in marriage. He always misbehaved
8
  and maltreated her and abused on several occasions. She
  alleged that the appellant is a habitual drinker and used to
  threaten her to kill with poison. She also alleged that the
  appellant pulled her hair and gave merciless beatings in the
  presence of his parents.
c
    Decision of the District Court and High Court

        4. By judgment dated 11.10.2006, the Additional District
   Judge, Amritsar, after analyzing the plea of both the parties,
D oral and documentary evidence concluded that the appellant-
   husband failed to substantiate the allegations of 'cruelty' and
   dismissed his divorce petition. Aggrieved by the same, the
   appellant approached the High Court by filing FAO No. 252-M
   of 2006. The learned single Judge of the High Court, by the
E impugned order dated 11.05.2007, while agreeing with the
   conclusion of the Additional District Judge dismissed the
   appeal filed by the appellant. Questioning the above said
 . orders, the appellant has filed the present appeal by way of
  .special leave petition.

F       5. Heard Mr. Vinay Kumar Garg, learned counsel for the
    appellant and Mr. Seeraj Bagga, learned counsel for the
    respondent.

       6. The only question for consideration in this appeal is
G whether the appellant-husband has made out a case for divorce
  on the ground of 'cruelty' by the respondent-wife.

      7. Section 13 of the Act specifies the grounds on which a
  decree for divorce may be obtained by either party to the
  marriage. Though in the divorce petition filed before the
H Additional District Judge, Amritsar in HMA No. 19 of 2003, the
        GURBUX SINGH v. HARMINDER KAUR                          281
               [P. SATHASIVAM, J.]

appellant had sought divorce merely mentioning Section 13 of            A
the Act for dissolution of marriage by decree of divorce, and
did not specify the grounds on which he is entitled to decree
of divorce. In the petition, the appellant has highlighted only one
aspect, namely, that after the marriage, in the month of January
1998, on first festival of Lohri, when they were enjoying the           B
festival, the respondent-wife abused his mother and the father
in the presence of relatives and neighbours. In para 6 of the
petition, the appellant has alleged that:

     " ..... She called nuisance, idiot and mental to the parents       C
     of the petitioner and the respondent openly said that she
     did not want to live with the petitioner if he live with his old
     parents."

In para 10, the appellant has stated:
           l   .                .
                                                                        D
     "That on 10th May of 2002, the respondent left her
     matrimonial home without giving any information to any
     member and she also left her child in the matrimonial home
     this shows that the respondent did not have any love and
     affections towards petitioner and his family members. She
                                                                        E
     is living in her parental house for the last more than one
     year. Hence, the necessity has been arisen to file the
     present petition ..... "

Except the above allegations, the appellant has not highlighted
any other instance(s) about cruelty by the respondent. Though           F
learned counsel for the appellant attempted to argue
"desertion", in the absence of any plea/evidence and material,
we disallowed him to pursue the said point.

     8. In the reply to the petition under Section 13 of the Act,       G
the respondent has highlighted her stand and in fact denied all
the allegations against her. She also projected her case that
the custody of the child was forcibly taken by the appellant when
she returned from her matrimonial home. She also highlighted
that the appellant used to force her to bring cash from her             H
    282      SUPREME COURT REPORTS                 [2010] 12 S.C.R.


A parents as he wanted to purchase a car in the month of
  February 2000. When she refused to bring cash, she was
  mercilessly beaten by the appellant. She also stated that in
  February 4, 2000, her parents gave Rs. 50,000/- to the
  appellant and thereafter the appellant agreed to keep the
a respondent in her matrimonial home. She also alleged that the
  appellant is habitual of taking liquor and under influence of
  liquor, he used to beat her. She further alleged that the
  appellant's maternal uncle's daughter used to interfere in their
  family affairs.
c       9. Apart from the above pleadings, both parties filed
  statement in the form of an affidavit/petition and also let in
  evidence reiterating their respective pleas. As discussed
  earlier, the only instance highlighted by the appellant for divorce
  was that the respondent-wife abused his parents on the day of
D festival of Lohri in the presence of relatives and neighbours.

       10. In Samar Ghosh vs. Jaya Ghosh, (2007) 4 SCC 511,
  a three-Judge Bench of this Court while considering Section
  13(1)(i-a) of the Act laid down certain guidelines. The analysis
E and ultimate conclusion are relevant which reads as under:-

        "98. On proper analysis and scrutiny of the judgments of
        this Court and other courts, we have come to the definite
        conclusion that there cannot be any comprehensive
        definition of the concept of "mental cruelty" within which all
F
        kinds of cases of mental cruelty can be covered. No court
        in our considered view should even attempt to give a
        comprehensive definition of mental cruelty.

        99. Human mind is extremely complex and human
G       behaviour is equally complicated. Similarly human ingenuity
        has no bound, therefore, to assimilate the entire human
        behaviour in ono definition is almost impossible. What is
        cruelty in one case may not amount to cruelty in other case.
        The concept of cruelty differs from person to person
H       depending upon his upbringing, level of sensitivity,
    GURBUX SINGH v. HARMINDER KAUR                           283
                                                                  /
           [P. SATHASIVAM, J.]                                /
 educational, family and cultural background, financial               A
 position, social status, customs, traditions, religious beliefs,
 human values and their value system.            /

 100. Apart from this, the concept of mental cruelty cannot
                                                                              /
 remain static; it is bound to change with the passage of                 I
                                                                      8
 time, impact of modern culture through print and electronic
 media and value system, etc. etc. What may be mental
 cruelty now may not remain a mental cruelty after a
 passage of time or vice versa. There can never be any
                                                                      /
 straitjacket formula or fixed parameters for determining             C
 mental cruelty in matrimonial matters. The prudent and
 appropriate way to adjudicate the case would be to
 evaluate it on its peculiar facts and circumstances while
.taking aforementioned factors in consideration.

 101. No uniform standard can ever be laid down for                   D
 guidance, yet we deem it appropriate to enumerate some
 instances of human behaviour which may be relevant in
 dealing with the cases of "mental cruelty". The instances
 indicated in the succeeding paragraphs are only illustrative
 and not exhaustive:                                                  E
 (1) On consideration of complete matrimonial life of the
 parties, acute mental pain, agony and suffering as would
 not make possible for the parties to live with each other
 could come within the broad parameters of mental cruelty.
                                                                      F
 (i1) On comprehensive appraisal of the entire matrimonial
 life of the parties, it becomes abundantly clear that situation
 is such. that the wronged party cannot reasonably be
 asked to put up with such conduct and continue to live with
 other party.                                                         G
   (iii) Mere coldness or lack of affection cannot amount to
   cruelty, frequent rudeness of language, petulance of
,, manner, indifference and neglect may reach such a
                                                                      H -
    284       SUPREME COURT REPORTS                [2010] 12 S.C.R.


A         degree that it makes the married life for the other spouse
          absolutely intolerable.

          (iv) Mental cruelty is a state of mind. The feeling of deep
          anguish, disappointment, frustration in one spouse caused
          by the conduct of other for a long time may lead to mental
B
          cruelty.

          (v) A sustained course of abusive and humiliating treatment
          calculated to torture, discommode or render miserable life
          of the spouse.
c
          (v1) Sustained unjustifiable conduct and behaviour of one
          spouse actually affecting physical and mental health of the
          other spouse. The treatment complained of and the
          resultant danger or apprehension must be very grave,
0         substantial and weighty.

          (vii) Sustained reprehensible conduct, studied neglect,
          indifference or total departure from the normal standard of
          conjugal kindness causing injury to mental health or
          deriving sadistic pleasure can also amount to mental
E         cruelty.

          (viii) The conduct must be much more than jealousy,
          selfishness, possessiveness, which causes unhappiness
          and dissatisfaction and emotional upset may not be a
F         ground for grant of divorce on the ground of mental cruelty.

      · (ix) Mere trivial irritations, quarrels, normal wear and tear
          of the married life which happens in day-to-day life would
          not be adequate for grant of divorce on the ground of
          mental cruelty.
G
          (x) The married life should be reviewed as a whole and a
          few isolated instances over a period of years will not
          amount to cruelty. The ill conduct must be persistent for a
          fairly lengthy period, where the relationship has
H         deteriorated to an extent that because of the acts and
       GURBUX SINGH v. HARMINDER KAUR                         285
              [P. SATHASIVAM, J.]

    behaviour of a spouse, the wronged party finds it extremely      A
    difficult to live with the other party any longer, may amount
    to mental cruelty.

     (xi) If a husband submits himself for an operation of
     sterilisation without medical reasons and without the
                                                                     8
     consent or knowledge of his wife and similarly, if the wife
   · undergoes vasectomy or abortion without medical reason
     or without the consent or knowledge of her husband, such
     an act of the spouse may lead to mental cruelty.

    (xii) Unilateral decision of refusal to have intercourse for     C
    considerable period without there being any physical
    incapacity or valid reason may amount to mental cruelty.

    (xiii) Unilateral decision of either husband or wife after
    marriage not to have child from the marriag~ may amount          0
    to cruelty.

    (xiv) Where there has been a long period of continuous
    separation, it may fairly be concluded that the matrimonial
    bond is beyond repair. The marriage becomes a fiction
    though supported by a legal tie. By refusing to sever that       E
    tie, the law in such cases, does not serve the sanctity of
    marriage; on the contrary, it shows scant regard for the
    feelings and emotions of the parties. In such like situations,
    it may lead to mental cruelty."
                                                                     F
     11. A Hindu marriage solemnized under the Act can only
be dissolved on any of the grounds specified therein. We have
already pointed out that in the petition for dissolution· of
marriage, the appellant has merely mentioned Section 13 of
the Act and in the body of the petition he highlighted certain G
instances amounting to cruelty by the respondent-wife. Cruelty
has not been defined under the Act. It is quite possible that a
particular conduct may amount to cruelty in one case but the
same conduct necessarily may not amount to cruelty due to
change of various factors, in different set of circumstances. H
    286      SUPREME COURT REPORTS                 [2010] 12 S.C.R.


.A Therefore, it is essential for the appellant, who claims relief, to
  prove that a particular/part of conduct or behaviour resulted in
  cruelty to him. No prior assumptions can be made in such
  matters. Meaning thereby that it cannot be assumed that a
  particular conduct will, under all circumstances, amount to
s cruelty, vis-a-vis the other party. The aggrieved party has to
  make a specific case that the conduct of which exception is
  taken amounts to cruelty. It is true that even a single act of
  violence which is of grievous and inexcusable nature satisfies
  the test of cruelty. Persistence in 'nordinate sexual demands
C or malpractices by either spouse can be cruelty if it injures the
  other spouse. There is no such complaint by the appellant. In
  the case on hand, as stated earlier, the appellant has projected
  few instances in which, according to him, the respondent abused
  his parents. We have verified all the averments in the petitions,
  reply statement, written submissions as well as the evidence
0
  of both parties. We are satisfied that on the basis of such
  instances, marriage cannot be dissolved.

          12. The married life should be assessed as a whole and
    a few isolated instances over certain period will not amount to
 E cruelty. The ill-conduct must be precedent for a fairly lengthy
    period where the relationship has deteriorated to an extent that
    because of the acts and behaviour of a spouse, one party finds
    it extremely difficult to live with the other party no longer may
    amount to mental cruelty. Making certain statements on the spur
 F of the moment and expressing certain displeasure about the
    behaviour of elders may not be characterized as cruelty. Mere
    trivial irritations, quarrels, normal wear and tear of married life
    which happens in day· to day life in all families would not be
    adequate for grant of divorce on the ground of cruelty. Sustained
 G, unjustifiable and reprehensible conduct affecting physical and
    mental health of the other spouse may lead to mental cruelty.
    Both the appellant and respondent being highly qualified
    persons, the appellant being Principal in ITI College, the
    respondent working as a Librarian in a Government Institute,
.H ~an isolated friction on some occasion like festival of Lohri even
        GURBUX SINGH v. HARMINDER KAUR                       287
               [P. SATHASIVAM, J.]
in the presence of others cannot be a valid ground for dissolving    A
the marriage.

       13. Learned counsel appearing for the appellant by
drawing our attention to certain allegations made by the
respondent-wife in the reply to the petition under Section 13 of
                                                                     8
the Act before the Addi. District Judge ·submitted that by
considering all these aspects it is just and ·reasonable to
consider and grant divorce on the ground of cruelty. In support
of the same, he relied on the decision of this .Court in
Vijaykumar Ramchandra Bhate vs. Nee/a VijaykumarBhate,
(2003) 6 SCC 334. No doubt, in that decision, this-.Court hc.s       C
held that allegations made in the written statement or suggested
in the course of examination and by way of cross-examination
satisfying the requirement of law has also to be taken note of
while considering the claim of either party. lffthe case .on hand,
it is true that the respondent-wife has made certain allegations     D
against her husband-appellant. However, admittedly based on
the same, the trial Court has not framed any-issue and no
evidence let in in support of the same. In such circumstances,
the said decision is not helpful to-our case. Admittedly, no such
issue was framed by the trial Court or any point determined by       E
the High Court based on such averments in the reply/written
statement. Accordingly, we reject the said contention.

     14. As regards the allegations about beating her child and
not feeding him, the High Court, after analyzing the entire          F
materials, disbelieved the same. It is also brought to our notice
that the appellant condoned the alleged act of cruelty as he
wanted to bring back the respondent to his house. As such, the
allegations of cruelty do not appear to be truthful. It is also
proved that the appellant is not interested to keep the
respondent as his wife and he wants divorce by any means.            G
As observed earlier, except the grounds enumerated in Section
13, a Hindu marriage solemnized under the Act cannot be
dissolved on any other grounds.

     15. Finally, a feeble argument was made that both the           H
    288     SUPREME COURT REPORTS                 [2010] 12 S.C.R.


A appellant and respondent were living separately from 2002 and
  it would be impossible for their re-union, hence this Court
  exercising its jurisdiction under Article 142 of the Constitution
  their marriage may be dissolved in the interest of both parties.
  Though, on a rare occasion, this Court has granted the
B extraordinary relief de hors to the grounds mentioned in Section
  13 in view of the fact that the issue has been referred to a larger
  Bench about permissibility of such course at present, we are
  not inclined to accede to the request of the appellant. If there
  is any change of law or additional ground included in Section
c 13 by the act of Parliament, the appellant is free to avail the
  same at the appropriate time.

       16. In the light of the above discussion, we are unable to
  accept the claim of the appellant, on the other hand, we are in
  entire agreement with the conclusion arrived at by the Addi.
D District Judge as well as the High Court. Consequently, the
  appeal fails and the same is dismissed with no order as to
  costs.

    D.G.                                         Appeal dimissed.
E