Few Isolated Incidents Of Long Past Can’t Be Cruelty, Ground For Divorce: SC
By Team Legistify / 2017-03-10

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Few isolated incidents of long past and that too found to have been condoned due to compromising behaviour of the parties cannot constitute an act of cruelty to grant divorce, the Supreme Court has observed in Suman Singh vs. Sanjay Singh . A bench comprising Justice RK Agrawal and Justice AM Sapre observed that incidents of cruelty alleged should be of recurring nature or continuing one and they should be in near proximity with the filing of the divorce petition.

A petition seeking divorce on some isolated incidents alleged to have occurred 8-10 years prior to filing of the date of petition cannot furnish a subsisting cause of action to seek divorce after 10 years or so of occurrence of such incidents,” the court said while setting aside the divorce granted to the husband.

Almost nine incidents were projected in the divorce petition as instances of cruelty by the wife towards husband.

One of the grounds projected as cruelty was that the wife misbehaved with him in front of his office colleagues.

The court said no decree for divorce on one isolated incident can be passed.

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