Facts:
The case involves a divorce petition filed by the husband (Shekhar) against the wife (Geeta) under Section 13(1)(ia) of the Hindu Marriage Act, 1955, citing mental cruelty. The husband alleged that the wife had threatened to commit suicide by holding a bottle of acid and made these threats when she was pregnant, causing significant mental distress to the husband and his family. The husband's fear of the wife's actions compelled him to report the matter to various authorities, including the police and the National Commission for Women (NCW).

Citation:

• 2016 (4) Civil Court Cases 602
• 2016 (3) DMC 555

Relevant Statutes:

• Hindu Marriage Act, 1955, Section 13(1)(ia) – Divorce on grounds of mental cruelty.
• The Indian Evidence Act, Section 113-B (The Bharatiya Sakshya Adhiniyam, Section 118) - Presumption of dowry death within 7 years of marriage.

Issues:

• Whether the wife's conduct, including threatening suicide, constituted mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
• Whether the husband's fear and subsequent reporting to the authorities were justified.
• Whether the court could take judicial notice of the provisions under Section 113-B of the Indian Evidence Act (The Bharatiya Sakshya Adhiniyam, Section 118) regarding the presumption of dowry death.

Arguments:

• Husband's Argument: The husband argued that the wife's actions, particularly her threats to commit suicide, created a deep sense of fear and mental trauma. The husband's reporting of the incidents to the police and other authorities reflected the gravity of his mental state. The wife's behaviour was of such magnitude that it severely affected the husband's peace of mind and made it unbearable for him to live with her.
• Wife's Argument: The wife did not deny the threats to commit suicide but downplayed their significance, suggesting they did not amount to cruelty under Section 13(1)(ia).

Court's Decision:
The court held that the wife's actions amounted to mental cruelty of such a nature that it would cause significant distress and fear in the mind of the husband. The court took judicial notice of the fact that under Section 113-B of the Indian Evidence Act (The Bharatiya Sakshya Adhiniyam, Section 118) , if a wife dies within 7 years of marriage under unnatural circumstances, there is a presumption of dowry death. This presumption, coupled with the wife's threats to take her life, justified the husband's fear that any such incident could result in serious legal consequences for him and his family.

The court noted that the wife's actions, including threatening suicide and holding a bottle of acid while pregnant, created an environment of mental trauma, which made it impossible for the husband to continue living with her. Therefore, the court granted the husband's petition for divorce on the grounds of mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955.

The court concluded that the wife's conduct constituted mental cruelty as it was of such magnitude that it created a legitimate fear of life-threatening consequences for the husband and his family. Given the circumstances, the husband's decision to report the matter to the authorities was justified, and the court granted the divorce.