Question

Aarti and Rajesh have been married for five years. Over time, Aarti has been subjected to continuous cruelty by Rajesh, which has led to emotional and mental distress. Aarti decided to file for divorce on the grounds of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955. Which of the following statements is true regarding the grounds for divorce under the Hindu Marriage Act?

• A. Aarti cannot seek divorce on the grounds of cruelty as it is not recognized under the Hindu Marriage Act.
• B. Aarti must prove Rajesh's cruelty was intentional to succeed in the divorce petition.
• C. Aarti can only seek divorce on the grounds of adultery.
• D. Aarti can seek divorce on the grounds of cruelty, as long as she proves mental or physical cruelty.

Hint:

Under the Hindu Marriage Act, cruelty includes both mental and physical harm, and it need not be intentional.

Answer 1

The Correct Option is D

Step 1: Understanding Section 13(1)(ia) of the Hindu Marriage Act.
Section 13(1)(ia) of the Hindu Marriage Act, 1955, provides that either spouse may seek a divorce if the other has treated them with cruelty. This cruelty can be physical or mental, and intentionality does not need to be proven.
Step 2: Analyzing the options.
(A) Incorrect — Cruelty is a recognized ground for divorce under the Hindu Marriage Act.
(B) Incorrect — The petitioner does not have to prove that cruelty was intentional; only that the conduct caused suffering or distress.
(C) Incorrect — Adultery is another separate ground for divorce, but the question specifically concerns cruelty.
(D) Correct — Aarti can seek divorce if she can prove either physical or mental cruelty, irrespective of intention.
Step 3: Conclusion.
Aarti can file for divorce on the grounds of cruelty under Section 13(1)(ia) of the Hindu Marriage Act if she proves that Rajesh’s conduct caused her emotional or physical suffering.