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Citation Codes
Equivalent Citations
citation codes
Case Number
Disposition
Attorney(S)
Judges
Acts
  • Section 13-A of the Act
  • Section 13 of the Hindu Marriage Act, 1955
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Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Disposition
Attorney(S)
Judges
Acts
  • Section 13-A of the Act
  • Section 13 of the Hindu Marriage Act, 1955
Smart Summary

Factual and Procedural Background

The parties were married on 6 July 1969 under Hindu rites and had two children—a son born on 12 February 1971 and a daughter born on 19 May 1975. The husband, an Income-Tax Practitioner, alleged that the wife was cruel, suspicious of extramarital affairs, prone to erratic behaviour including overdosing on sleeping pills, and that she left the matrimonial home on 10 September 1979 while pregnant with a third child. He claimed to have ceased marital relations with her in June 1977 and questioned the paternity of the child born on 21 March 1980.

Invoking Sections 13(1)(i-a) (cruelty) and 13(1)(i-b) (desertion) of the Hindu Marriage Act, 1955, the husband filed a divorce petition in the Family Court. The Family Court rejected the prayer for divorce but granted a decree of judicial separation under Section 13-A. The wife appealed, and a Division Bench of the Madras High Court, by judgment dated 19 December 1996, allowed her appeal and dismissed the husband’s petition in its entirety. The husband obtained special leave to appeal to the Supreme Court, leading to the present decision.

Legal Issues Presented

  1. Whether the husband had proved cruelty by the wife so as to entitle him to a decree of divorce under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.
  2. Whether the husband had proved desertion by the wife within the meaning of Section 13(1)(i-b) of the Act.
  3. Whether the High Court erred in reversing the Family Court’s decree of judicial separation.

Arguments of the Parties

Appellant (Husband)

  • Alleged the wife suspected him of having extramarital relations with a junior woman advocate and another woman, constituting cruelty.
  • Claimed the wife displayed erratic behaviour, including overdose of sleeping pills and threats of suicide.
  • Asserted that marital relations had ceased in June 1977, making the wife’s pregnancy in 1979 inexplicable and casting doubt on the paternity of the third child.
  • Maintained that the wife deserted the matrimonial home on 10 September 1979, leaving him to care for the two minor children.
  • Through counsel, expressly abandoned the allegation of adultery during Supreme Court arguments.

Respondent (Wife)

  • Denied all allegations of cruelty and asserted that it was the husband who behaved cruelly towards her.
  • Explained that she took up employment to escape the husband’s constant nagging.
  • Stated she went to her parental home with the husband’s permission to perform religious rituals and left the children behind because they were attending school.
  • Affirmed ongoing marital relations, stating she informed the husband of her pregnancy in July 1979.
  • Offered to undergo scientific tests to establish that the husband is the father of the third child, Kamakshi.
  • Claimed the husband’s allegation impugning her chastity itself amounted to cruelty warranting separate residence and maintenance.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Supreme Court noted that the husband, through counsel, had withdrawn the allegation of adultery, yet the mere levelling of such a serious accusation constituted cruelty toward the wife. The Court observed that the parties celebrated their tenth wedding anniversary on 6 July 1979, implying continued cohabitation and reflecting condonation of any earlier alleged misconduct by the wife.

It found that the husband had never visited his third child after birth and that his claimed attempts to reconcile were unfounded, as already rejected by the High Court. The Supreme Court endorsed the High Court’s “threadbare” evaluation of pleadings and evidence, concluding that neither cruelty nor desertion had been established. Rather, the husband’s own conduct was culpable.

Holding and Implications

Appeal dismissed with costs; the husband’s petition for divorce stands dismissed.

The decision affirms the High Court’s judgment and restores the marital status quo. No broader legal precedent is articulated; the ruling’s immediate effect is that the parties remain legally married, and the husband is denied matrimonial relief while bearing the cost consequences of the litigation.

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    R. Balasubramanian v. Vijayalakshmi Balasubramanian (Smt) .

    D.P Wadhwa, J.— This is a husband's appeal. He filed a petition for divorce against the respondent wife under Section 13 of the Hindu Marriage Act, 1955 (“Act” for short) on the grounds of cruelty and desertion [Sections 13(1)(i-a) and 13(1)(i-b)]. He succeeded in the Family Court to the extent that he was instead granted a decree of judicial separation under Section 13-A of the Act. Against the judgment of the Family Court the wife filed an appeal in the High Court of Judicature at Madras. A Division Bench of the High Court by impugned judgment dated 19-12-1996 allowed the appeal and dismissed the petition of the husband on both the grounds of cruelty and desertion. The aggrieved husband has now come to this Court after obtaining leave to appeal.

    2. The marriage was solemnised between the parties in accordance with Hindu rites on 6-7-1969. A son was born to them on 12-2-1971 and a daughter on 19-5-1975. The husband alleged that during all this period the behaviour of the wife was cruel towards him. She suspected that he was having extramarital relations with his junior woman advocate. The husband is an Income Tax Practitioner. The wife also suspected that he was having illicit relations with another woman, the wife of an acquaintance of the respondent. The husband also alleged that the wife used to behave in an erratic fashion and would consume overdose of sleeping pills. She also once threatened to commit suicide. All this the wife did only to harass him. She would also pick up quarrels with the husband without any provocation on his part. The husband also complained that he was doing well in the profession and never wanted his wife to take up a job which she did against his wishes. On 6-7-1979 the couple celebrated their tenth wedding anniversary. The husband then said that he was shocked when his wife told him that she was pregnant. He said this could not be so as he had ceased martial relations with her since June 1977. He then said that the wife, the respondent, left the matrimonial home on 10-9-1979 leaving the two minor children to his love and care. On verification the husband found that his wife had gone to her parents' house and since then she has been living there. She gave birth to a girl on 21-3-1980 at her parents' house, which, according to the husband, is a mystery to him. He said the conduct and character of the wife was not above board.

    3. The wife denied all these allegations and rather alleged cruel behaviour on the part of the husband. She said she took up the job to escape constant nagging by her husband. She said she left for her parents' house to perform certain pooja and did not take her two children with her as they were schoolgoing. She denied that there was no marital relations between her and her husband. She said that she informed her husband in July 1979 itself that after cohabitation she had skipped her periods. She denied that she left the house of her husband without his knowledge. She said it was only after taking his permission. She said the third child, the girl named Kamakshi, is born to her of her husband and she said that she was willing to undergo all scientific tests to prove that the appellant was the father of her child Kamakshi. She said she was always prepared to live with her husband and was even anxious for that for the sake of her children. She said the allegation of the husband against her moral character is itself a cruelty entitling her to live separately from her husband and also to claim maintenance.

    4. Mr A.B Rohatgi, learned counsel appearing for the husband submitted that as far as the allegation of adultery against the respondent wife is concerned he is not going to press. That may be good of him but the fact remains that the allegation that the wife had sexual intercourse with a person other than the husband is a serious allegation against the wife and shows the cruel conduct of the husband entitling the wife to seek relief against him under the Act or otherwise. It was submitted that on 6-7-1979 the parties celebrated their tenth wedding anniversary. That would show that both were living together and it is apparent that the husband has condoned the cruelty, if any, alleged by him against the wife. The husband has not gone to see his third child Kamakshi since her birth. The High Court has rejected his plea that he ever made an attempt to bring his wife and the daughter who was born to her at her parents' house. The High Court has considered pleadings and the evidence on record threadbare and come to the conclusion that the case of cruelty and desertion set up by the husband has not been proved. We agree with the High Court and rather we find that it is the husband who is in the wrong.

    5. We, therefore, uphold the order of the Division Bench of the High Court and dismiss the appeal with costs. Petition seeking divorce filed by the appellant is dismissed.

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    Comments

    R. Balasubramanian v. Vijayalakshmi Balasubramanian (Smt) .
    (Aug 11, 1999)