Concealment of Age and Criminal Conviction Constitutes Mental Cruelty, Rules Court
In a recent judgment, the Jharkhand High Court has upheld a decree of divorce granted by the Family Court, Gumla, on the grounds of cruelty due to the concealment of critical facts by the wife before marriage. The division bench, comprising Justices Sujit Narayan Prasad and Arun Kumar Rai, affirmed the Family Court’s decision, which was challenged by the appellant-wife, Ranthi Kumari Devi.
The court addressed the appeal concerning the dissolution of the marriage solemnized on April 15, 2019, between Ranthi Kumari Devi and Suresh Kumar Sahu. The marriage reportedly occurred after the wife allegedly suppressed significant details about her age and a prior conviction for life imprisonment in a murder case. These omissions were deemed to have caused mental agony to the husband, fulfilling the criteria for cruelty under Section 13 of the Hindu Marriage Act, 1955.
The appellant-wife contested the Family Court's decision, arguing that the court failed to frame specific issues pertaining to the grounds for divorce and did not adequately consider her evidence. However, the High Court, upon reviewing the case, observed that the concealment of the wife’s actual age and her conviction irreparably damaged the mutual trust essential for marital relationships. The court emphasized that trust and respect are foundational to marriage, and their breach justifies the dissolution of the marriage.
The judgment also referenced several precedents regarding the interpretation of "cruelty" in marital disputes, highlighting that the conduct must be grave and substantial, rather than trivial. The court concluded that the wife’s actions constituted mental cruelty, thus upholding the Family Court’s decree for divorce.
Bottom Line:
Hindu Marriage Act, 1955 - Concealment of material facts such as age and criminal conviction by one spouse before marriage constitutes mental cruelty, justifying decree of divorce.
Statutory provision(s): Hindu Marriage Act, 1955 Section 13, Family Courts Act, 1984 Section 19(1), Indian Penal Code Section 498A
Ranthi Kumari Devi v. Suresh Kumar Sahu, (Jharkhand)(DB) : Law Finder Doc Id # 2838105
