Murder Conviction & Life Imprisonment Of Husband Ground For Divorce On Account Of Mental Cruelty: Madhya Pradesh High Court

Madhya Pradesh High Court has held that the factum of a husband sentenced to life imprisonment in a murder case can be grounds for divorce on account of 'mental cruelty' to the wife.

The Division Bench of Justice Vivek Rusia and Justice Rajendra Kumar Vani observed that divorce can be granted in instances where the husband or wife has been convicted and sentenced to life imprisonment, even in the absence of an express provision for the same under the Hindu Marriage Act. The bench sitting at Gwalior placed its reliance on the Delhi high Court's decision in Swati v. Arvind Mudgal(2013) where divorce was granted in similar set of circumstances.

“…Therefore, the conviction of the husband under Section 302 of IPC and sentence of life imprisonment amounts to mental cruelty towards the wife which entails her getting the divorce from her husband”, the division bench held in the order.

The court, therefore, set aside the decree and judgment of the Gwalior Family Court in November 2023 by dissolving the marriage between the appellant-wife and the respondent-husband.

Regarding the conduct of the husband who murdered his own father using firearms in relation to a civil dispute, the court pointed out that it would be sufficient to cause 'constant fear about the safety' in the minds of the wife herself and her minor daughter if they were living with him.

“…Although there is provision for releasing him on bail by way of suspension of sentence, but it would be very difficult for a wife to live with a person who is facing trial under Section 307 of IPC and has been convicted under Section 302 of IPC for committing murder of his father it would certainly cause mental cruelty to her”, the court further added.

The court laid down in unequivocal terms that no wife can share a marriage with someone who is so 'short tempered-and impulsive turned criminal'.

The court also opined that it would be prejudicial to the interests of their 12-year-old daughter if she were to live with a parent who has such a criminal background.

The marriage of the appellant wife and the respondent-husband was solemnised in November 2011 as per the Hindu Customs. They have a daughter aged 12 years, born out of the said wedlock. According to the wife, the husband had tormented her in the initial years of their marriage for not paying enough dowry. He continued his aggressive and cruel behaviour towards his own wife as well as others, which made the wife depressed. Several criminal cases were registered against him. He was convicted for the offences under Sections 302, 307 and 323 of IPC and Sections 25 and 27 of the Arms Act in the murder case of his own father in 2019. In these circumstances, the wife preferred a divorce petition before the Family Court.

The husband was arrested for the murder in 2017, and the parties have not been living as husband and wife for over 6 years, the court underscored. In such a scenario, this can be regarded as the 'situational desertion' of the husband by the wife, which also makes out another ground for the grant of divorce, the court emphasised.

The respondent-husband, before the Family Court, took the stance that he has never committed any mental cruelty towards his wife, and they were living together in harmony till 2017.

After analysing the question of what constitutes mental cruelty, the high court has now held that conviction in a criminal case under Section 302 of IPC and the sentence to undergo life imprisonment amounts to “mental cruelty”.

Relying on the apex court's decision in Savitri Pandey v. Prem Chandra Pandey (2002), the court further iterated that a marriage can become dead due to 'contributory acts of omission or commission' by the husband or the wife.

Counsel for the Appellant: Adv. Suresh Agrawal

Counsels For Respondent: Adv. Rajmani Bansal

Case No: First Appeal No. 2409 of 2023

Citation: 2024 LiveLaw (MP) 85

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