Latest JudgementHindu Marriage Act, 1955

Saranjit Kaur (Hura) vs. Inder Singh Hura, 2026

It sets a precedent for evaluating cumulative conduct in divorce proceedings under the Hindu Marriage Act.

Calcutta High Court·7 April 2026

Hindu Marriage Act, 1955

Court

Calcutta High Court

Date of Decision

7 April 2026

Judges

Justice Sabyasachi Bhattacharyya and Justice Supratim Bhattacharya

Citation

Acts / Provisions

Section 13(1)(ia), Hindu Marriage Act, 1955

Section 25, Hindu Marriage Act, 1955

Facts of the Case

Marriage solemnized on 27 April 2005, with a son born in 2007.
Wife left the matrimonial home on 2 November 2009 and did not reconcile thereafter.
Husband filed a divorce suit in January 2010, citing mental cruelty.
Wife lodged a criminal complaint one month later, alleging:
- Assault and attempt to set her and her son on fire.
- Other accusations against the husband.
Criminal cases filed by the wife were acquitted for lack of evidence, and she was the sole supporting witness.
Husband’s testimony detailed persistent quarrels, abusive conduct, and false accusations by the wife.
Husband’s elder brother (PW-2) corroborated events occurring inside the household.
Wife’s mother (DW-3) admitted her daughter’s stubbornness, adamant behavior, and reckless allegations.
Separation lasted nearly 17 years, with no intention of resuming cohabitation (“animus revertendi”).
Trial Court granted divorce on grounds of mental cruelty and irretrievable breakdown.
Wife appealed against the divorce decree, challenging the findings.

Whether the wife’s habitual quarrels, false criminal complaints, and reckless allegations constitute mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act?
Whether the irretrievable breakdown of marriage after prolonged separation can be considered a valid factor reinforcing mental cruelty?
Whether the trial court’s decree granting divorce on the basis of cumulative conduct and evidence was justified?
Whether the testimony of family members (PW-2, DW-3) can be relied upon to substantiate claims of mental cruelty?
Whether the wife is entitled to permanent alimony/maintenance under Section 25 of the Hindu Marriage Act at the time of divorce?

Wife’s behavior constituted mental cruelty, fully justifying divorce under Section 13(1)(ia).
Divorce decree upheld, and the wife’s appeal dismissed.
Separation and irretrievable breakdown recognized as corroborative factors.
Trial court instructed to examine permanent alimony/maintenance separately.
Criminal complaints filed by the wife were found baseless, reinforcing husband’s claims of suffering.

Court applied qualitative analysis, distinguishing minor marital disputes from mental cruelty.

Family witnesses were deemed credible, providing first-hand account of household events.
Timing of complaints indicated retaliatory intent rather than genuine grievances.
Long-term separation and absence of intent to reconcile strengthened the cruelty finding.
Judgment reinforces Supreme Court precedent: irretrievable breakdown can be treated as mental cruelty.
Demonstrates judicial balancing: protecting spouses from false allegations while upholding matrimonial rights.
Sets a precedent for evaluating cumulative conduct in divorce proceedings under the Hindu Marriage Act.