HMA | Conviction Of Spouse For Murder Amounts To Cruelty, Punjab & Haryana HC Grants Divorce To Man Whose Wife Killed Their Children

The Punjab and Haryana High Court has granted divorce on ground of "cruelty" under the Hindu Marriage Act to a man whose wife was convicted for murdering their children.

Justice Sudhir Singh and Justice Harsh Bunger said, "the conviction of the respondent and sentence of life imprisonment under Section 302 of the Indian Penal Code for murder has caused mental pain, agony and apprehension in the mind of the appellant that it is not safe to live with the respondent and it clearly amounts to “cruelty”."

The Court further said that on account of long incarceration spanning for nearly nine years resulted in physical "deprivation of matrimonial relationship" to the husband .

"That apart, the appellant must have also borne the burden of humiliation in the society," it added.

The Court was hearing an appeal against the order of a Family Court whereby the husband was refused to grant divorce.

The couple married in 2003 and had a son and daughter. The wife killed both their children in 2010. She was found guilty of murder and sentenced to life imprisonment by the trial Court.

In July 2013, the family court in Sonepat dismissed husband's plea for divorce.

It was submitted before the High Court that there was always a quarrel because of difference of education - wife had studied till Class XII and husband till Class VIII.

The wife wanted to break the relationship but children were a hindrance, hence she killed them, the counsel added.

After hearing the submissions, the Court referred to Savitri Pandey v. Prem Chandra Pandey [(2002) 2 SCC 73], wherein the Apex Court observed that there may be cases where on facts it is found that the marriage has become dead on account of contributory acts of commission and omission of the parties, no useful purpose would be served by keeping such marriage alive.

 Reliance was also placed on Vimla Bai v. Panchu Lal, AIR 2007 Rajasthan 99 to underscore that "Cruelty as a ground of divorce under Section 13(1)(ia) is a conduct of such type that the husband could not reasonably be expected to live with the wife. In our opinion, involvement of the appellant wife in a murder case amounts to cruelty..."

The Court noted that the wife was convicted under Section 302 of the Indian Penal Code and has been sentenced to undergo life imprisonment vide judgment dated 30.07.2011 and her sentence was suspended by the High Court.

"Although the conviction of a person for murder has not been specifically made a ground for divorce under the Hindu Marriage Act, but it would definitely amount to mental cruelty as the incarceration on account of conviction under Section 302 of the Indian Penal Code would surely result in deprivation of conjugal rights as well as food, shelter and security and would also cause mental pain, agony and apprehension in the mind of the other spouse that it would be harmful or injurious to live with the other," highlighted the Court.

Considering that the cruelty would continue unless the relationship is severed and the Court said that, "it would be in the interest of justice to dissolve the marriage by decree of divorce so as to put an end to the misery/suffering of the appellant and enable him to live his own life."

Consequently, the Court dissolved the marriage by way of a decree of divorce under Section 13(1)(ia) of the Hindu Marriage Act.

Ms. Simi Kandra, Advocate (as Legal Aid Counsel) for the appellant.

Mr. Sparsh Chhibber, Amicus Curiae for the respondent.

Title: XXX v. XXX