MENTAL CRUELTY AND BREAKDOWN OF MARRIAGE - The Daily Guardian
Connect with us

Policy & Politics

MENTAL CRUELTY AND BREAKDOWN OF MARRIAGE

‘Comparing wife with other women and belittling her amounts to mental cruelty’.

Published

on

Recently, the Kerala High Court granted divorce to a couple on the ground of cruelty under the Divorce Act, 1869 . Two interesting issues emerge from this judgment – (i) the manner in which the court went about examining whether a case of mental cruelty was made out (ii) the need to recognize irretrievable breakdown of marriage as a ground for divorce.

While examining the issue of cruelty, the Court referred to various judgment of the Supreme Court to hold that determination of cruelty is on a case by case basis depending on the type of life the parties are accustomed to as well as their socio-economic conditions. The Court also reiterated an important point that intention is not an essential element to prove cruelty if “by ordinary sense in human affairs, the act complained of could otherwise be regarded as cruelty”.

In this case, the wife alleged that the husband continuously belittled her by comparing her to other women. He told her that she was not a “wife of his expectations” because she was not “cute” like certain other women he had met. His actions caused humiliation to the wife and strained her health. The Court rightly went on to hold that the conduct of the husband constituted cruelty.

Courts have time and again held that cruelty need not be only physical and includes mental cruelty. However, as a society, we have a tendency to attach far greater weight to physical cruelty because it is visible.

I must add that the problem runs far deeper than the issue of visibility. It is often difficult for families and even judges to accept certain conduct as ‘cruelty’ because we are socially conditioned to make many concessions for a husband’s transgressions in a marriage.

Women, from a young age, are told to centre their lives around the needs and wants of their spouse. Many actions by husbands which demean the confidence of their wives and breach their trust are socially accepted to maintain the peace of the marital home. Even within the legal space, many concessions are made for the husband’s actions in the name of the ‘sacrosanct’ nature of marriage.

Consequently, this judgment is important because the Court refused to condone the actions of a husband who damaged the self-confidence of his wife and impacted her peace of mind.

The other important point raised in this case concerns irretrievable breakdown of marriage. While the Court noted that irretrievable breakdown of marriage is not a ground for dissolution of marriage, it also went on to hold that it has not been able to reconcile the differences between the parties. In the facts of this case, the Court did not find any emotional bond between the parties. Referring to the Supreme Court judgment in Naveen Kohli v. Neelu Kohli (2006), the Court also observed that law cannot turn a blind eye to a situation which is causing misery to the parties.

In my opinion, individuals in unhappy marriages have the right to be liberated, albeit, only after there has been a proper discharge of the responsibilities of the economic and social well-being of the family that is formed as a trust unit resulting from the marriage.

Till the time the legislature does not amend the statutes, the Courts should dilute the rigor of the application of “marital fault” as a ground for a divorce to the lowest threshold and proceed to decide the two issues that are really the core of matrimonial disputes: custody and finances.

The judgment of the Delhi High Court in Sandhya Kumari v. Manish Kumar (2016) is relevant wherein the Court called for blending cruelty with irretrievable breakdown of marriage. The Court held that where there is evidence of the husband and wife indulging in “mutual bickering”, the insistence by one party to retain the marital bond would a relevant factor to decide on issue of cruelty. This is because the “obvious intention” of that spouse is to continue with the marriage to torment the other spouse.

In absence of legislative intervention, the Courts have had to devise innovative methods to work around the fault grounds in law. To ensure complete justice, it is essential that the legislature considers the irretrievable breakdown of marriage as a ground for divorce and develops mechanisms to ensure an exit from the marriage albeit on fulfilling the due to economic obligations. Till the legislature gives this a priority, over burdened courts would be using their time better by lowering threshold of proof for divorce and focussing on matters of custody and finance.

Malavika Rajkotia is a Delhi based lawyer and the author of Intimacy Undone.

The Daily Guardian is now on Telegram. Click here to join our channel (@thedailyguardian) and stay updated with the latest headlines.

For the latest news Download The Daily Guardian App.

Policy & Politics

Capt Amarinder Singh to attend BJP core committee meet

Published

on

By

Captain Amarinder Singh, a former chief minister of Punjab, will attend the Punjab BJP’s core committee meeting on Monday at the party’s Chandigarh headquarters.

After joining the BJP exactly one week ago, this will be the former Congress leader’s first trip to the party’s headquarters. In the national capital, his daughter Jai Inder Kaur and son Raninder Singh both joined the BJP.

On September 19, Capt. Amarinder Singh combined his party, the Punjab Lok Congress, which he launched after leaving the Congress last year, with the BJP.

On Monday evening, Capt. Amarinder Singh and Ashwani Sharma, the chief of the state BJP, will address a joint press conference.

After the assembly elections in February, this will be the former chief minister’s first appearance in public in the state.

Continue Reading

Nation

PM Modi, Rahul Gandhi wish Manmohan Singh on his 90th birthday

Published

on

By

Prime Minister Narendra Modi on Monday sent Dr. Manmohan Singh his birthday wishes on his 90th birthday, wishing him a long and healthy life.

“Birthday greetings to former PM Dr Manmohan Singh Ji. Praying for his long and healthy life,” tweeted PM Modi.

Rahul Gandhi, the leader of the Congress, sent Dr. Singh birthday greetings as well.

Wishing one of India’s finest statesmen, Dr Manmohan Singh ji a very happy birthday. His humility, dedication and contribution to India’s development, have few parallels. He is an inspiration to me, and to crores of other Indians. I pray for his good health and happiness,” tweeted the Wayanad MP.

Before the partition, Singh was born on September 26, 1932, in the Punjabi village of Gah. He studied at Oxford, Cambridge, and Punjab University.

Today marks the 90th birthday of Dr. Singh, who served as prime minister for two consecutive terms (from 2004 to 2014). He is a well-known economist who is credited with enacting significant reforms in the 1990s.

Continue Reading

Nation

Mallikarjun Kharge, Ajay Maken to meet Sonia Gandhi today over Rajasthan crisis

Published

on

By

Mallikarjun Kharge and Ajay Maken, two Congress observers who were in Rajasthan on Sunday to attend the legislature party meeting at the home of the chief minister Ashok Gehlot, are anticipated to meet Sonia Gandhi on Monday afternoon.

With Gehlot expected to run for presidential polls next month, the state is currently dealing with a new crisis. Numerous Gehlot’s supporters resigned on Sunday and handed them to Assembly Speaker CP Joshi as a result of Sachin Pilot’s name being mentioned. The resignation is reportedly from more than 80 MLAs.

The MLAs made clear to the observers their demands, emphasising that the next chief minister should be chosen after October 19, once the party’s presidential elections are over, that the Gehlot successor should be chosen from among the roughly 102 MLAs who supported the party during the 2020 crisis, and that Ashok Gehlot should be kept informed throughout the decision-making process. They were reminding the party of Sachin Pilot’s uprising against Gehlot when he visited to Haryana by bringing up the 2020 dilemma. Later, after guarantees from the senior management, he returned.

Ajay Maken said: “We came for the CLP meeting fixed by the CM at a time and date of his choice. Very strange that MLAs didn’t come for that. We also wanted to follow the procedure of speaking to individual MLAs about what they want so that they can speak freely.”

The condition that no announcement – on the chief minister – should be made before October 19 seems to be conflict of interest as resolution authorises the Congress president to take the decision, and by October 19, Ashok Gehlot would have been the Congress president,” he further said.

Continue Reading

Policy & Politics

Partnerships, technology and behaviour change key for agriculture growth, said Union Agriculture Minister

Published

on

Partnerships, technology and behaviour change key for agriculture growth, said Union Agriculture Minister

India has the potential to become “aatmnirbhar” in agriculture and also meet the food requirement of the world, said Narendra Singh Tomar, Union Minister of Agriculture & Farmers Welfare.
Speaking during the session, Food for All: From Farm to Fork, during the 3rd edition of LEADS 2022—— a global thought leadership initiative of the industry chamber FICCI, the minister said the country is steadfastly moving ahead in the direction. However, everyone must work together for the goal. “We would like to collaborate. I use this opportunity to invite the international community to join hands with us for the benefit of coming generations,” he said.
He noted that country’s agri exports had crossed the milestone of ₹4 lakh crores. “We are working to increase it further,” he said.
Minister Tomar said that the government is constantly working to make the country “aatmnirbhar”. As a result, Indian agriculture recorded a robust growth of 3.9% despite the pandemic. In addition, the minister reiterated that the government aims to make Indian agriculture internationally competitive by aiding the small farmers in the country. He alluded to several government programmes to reduce farming-related challenges. “Due to increase in investment in basic infrastructures like irrigation system, storage, warehousing, and cold storage, the Indian agriculture is expected to record robust growth in the coming years,” he added.
On occasion, H.E. Mr Damien O’Connor, Hon’ble Minister for Trade & Export Growth; Agriculture; Biosecurity; Land Information & Rural Communities, New Zealand, alluded to the challenge emanating from climate change. “agricultural emissions from livestock are a real challenge for New Zealand and food systems around the world. It contributes 35% to the global greenhouse gas emissions and 48% to New Zealand’s emission profile.”
He also alluded to Global Research Alliance and encouraged Indian parliamentarians “to look at investigating partnering up with a Global Research Alliance” to gather global technologies “in a way that is not seeking to maximise commercial benefit but to maximise the climate change benefit from this collaboration.”
Sanjiv Mehta, President, FICCI and CEO & Managing Director, Hindustan Unilever Limited (HUL), said achieving food and nutrition security is a multifaceted challenge. “Food systems can play a big role in protecting food security and nutrition if careful attention is paid to targeting the poor, reducing inequalities, including gender inequality and incorporating nutrition goals and actions were relevant.”
Dr Anish Shah, Vice President, FICCI and Managing Director and CEO, Mahindra & Mahindra, said the world will have 10 billion people by 2050. “Today, we do not have enough food to provide for everyone, so we have to do a number of things to feed everyone.” He pointed to three themes that can help address the challenge. The first is partnerships to reduce carbon footprint and improve productivity. Second, adopting technology to transform agriculture and thirdly, inducing behaviour change.
Sunny Verghese, Co-Founder and Group CEO, Olam International, said, the biggest priority is to help decarbonise.

Continue Reading

Policy & Politics

Digital Agriculture Mission to digitalise the farmer: Manoj Ahuja, Secretary, Agriculture

Published

on

Digital Agriculture Mission to digitalise the farmer: Manoj Ahuja, Secretary, Agriculture

Contextual and correct information to anybody associated with agriculture has the potential to unlock a lot of value, said Manoj Ahuja, Secretary, Union Ministry of Agriculture & Farmers Welfare, at the Release Ceremony of the FICCI compendium on “Enhancing Farmers’ Income”.
In this regard, Ahuja alluded to the Digital Agriculture Mission, which essentially tries to digitalise the farmer in terms of identity, linking up the farmers’ land and geo-referencing it, and crops grown. “These are some of the basic things we are trying to put in the agristack,” he said. “We have made some headway; hopefully, next year, we should show substantial results,” he added.
Ahuja said, “I’m seeing the benefits information contextualised to the various partners in the agricultural ecosystem can bring”.
On occasion, Samuel Praveen Kumar, Joint Secretary, Union Ministry of Agriculture & Farmers Welfare, spoke on backstopping agriculture startups that are coming up with innovative technologies and solutions to enhance farm incomes. In this regard, Mr Kumar alluded to the three C’s— convergence, capacity building, and collectives like (FPOs and cooperatives) as the vital elements.
Elaborating on convergence, Kumar said, “if the government can package the schemes in such a manner that you give more benefits, in a unified manner to the businesses or startups, I think they will be able to sustain their business.” Similarly, on capacity building, he noted, “when we talk about capacity building for farmers or extension workers, it’s not like that. It is for everybody in the ecosystem.” Mr Kumar also alluded to developing climate-resistant crops, reducing carbon footprints using technology, and developing infrastructure.
Elaborating on the compendium, TR Kesavan, Chairman, FICCI National Agriculture Committee & Group President, TAFE, noted the need to document the best practices and give them to people so that “people can touch, feel, do and understand the practices.” He added, “small and marginal farmers are going to be one of the greatest strengths of the country. Some of the case studies in the compendium tell how they are changing.”
The FICCI compendium of guidelines presents select case studies, and successful projects and interventions rolled out by various organisations in achieving higher crop connectivity, resource use efficiency, cropping intensity and diversification towards high-value agriculture.

Continue Reading

Policy & Politics

Supreme Court: An Order Is In Given Factual Circumstances; Judgement Lays Down Principles Of Law

Published

on

Supreme Court

The Supreme Court in the case Akil Valibhai Piplodwala observed and has issued a notice on a petition filed by a man seeking a direction that he should not be deported to Pakistan until his claim to be an Indian citizen is decided as per Section 9(2) of the Citizenship Act, 1955.
The bench comprising of Justice Surya Kant and the Justice J. B. Pardiwala observed and has also issued status quo in the matter. Thus, the notice on the plea has been issued to the District Superintendent of Police (Godhra), State of Gujarat and the Ministry of Home Affairs, Union of India.
According to the plea, the was born at Godhra, Gujarat in 1962 and had completed his education in India. The petitioner moved to Pakistan in 1976 but in 1983 he returned to India and got married at Godhra to an Indian woman on 2nd March 1984 and had three children from the wedlock. Thus, the petitioner again went away and finally returned to India in 1991 after obtaining all the requisite permits including a residential permit and continued to reside in India with his family.
However, out of fear of getting deported, the petitioner moved a regular civil suit before the Court of Civil Judge praying to declare him a citizen of India under Section5(1)(C) of the Indian Citizenship Act, 1955 since he was married to an Indian citizen. It is also prayed by him to restrict authorities from deporting him till his application under Section 9(2) of the Act is decided by the Union of India. In 1999, it was held by the Civil Judge that the Court did not have jurisdiction to decide the citizenship of the Petitioner. However, the decree was allowed by the Civil Judge partly to direct that he should not be deported back until his application under the Citizenship Act is decided.
Further, after the period of 4 years, the Union of India preferred a delayed appeal under Section 96 of CrPC against the order of the Civil Judge before the Principal District Judge. On 12.07.2022, the District Judge set aside the decree passed by the Civil Judge.
The petitioner being aggrieved by the order of the District Judge, moved the High Court of Gujarat. On 02.08.2022, the High Court dismissed his appeal holding that no substantial question of law arose.
Senior Advocate IH Sayed, appearing for the petitioner submitted that the High Court disregarded the fact that the Petitioner has been rendered vulnerable to deportation and if he is not protected till his application is adjudicated upon it would be violation of the procedure established by the principle of law.
The present petition was filed through Advocate Taruna Singh Gohil.

Continue Reading

Trending