The Punjab and Haryana High Court recently granted divorce to a man whose wife killed their two children in 2010..The Division Bench of Justice Sudhir Singh and Justice Harsh Bunger observed that the wife's conviction in the murder case caused mental pain, agony and apprehension in the husband’s mind that it is not safe to live with her.The Court held the same to be cruelty against him. It also observed that the long incarceration of nine years had resulted in “physical deprivation of matrimonial relationship” to the man.“That apart, the appellant must have also borne the burden of humiliation in the society. The said cruelty would continue unless the relationship is severed and therefore, 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,” the Court said..The couple had married in 2003 and had a son and daughter. In 2010, the woman killed both their children. In July 2011, she was found guilty of murder and sentenced to life imprisonment. Subsequently, the husband moved a family court for divorce.In July 2013, the family court in Sonepat dismissed his plea, leading to the appeal before the High Court. It was submitted before the High Court that the difference of education - wife had studied till Class XII and husband till Class VIII, was a bone of contention between the couple..The Court was also told that the wife wanted to break the relationship but children were a hindrance. She thus killed them, it was submitted.However, the wife argued that the husband treated her with cruelty and was also addicted to liquor. She also denied having killed the children and claimed that it was a false case was registered against her. It was also pointed out that her appeal against the conviction is pending before the High Court and her sentence was suspended in 2019.Considering the arguments, the Bench proceeded to answer whether the wife’s murder conviction and life sentence amounts to cruelty against the husband in the present case..Having examined various rulings on the subject, the Court said though murder conviction is not a ground for divorce under the Hindu Marriage Act, it would definitely amount to mental cruelty.“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. The afore-said view has been taken by the Delhi High Court in Swati vs Arvind Mudgil, 2015(5) RCR (Civil) 827.”Consequently, the Court allowed the appeal and dissolved the marriage by a decree of divorce..Advocate Simi Kandra (Legal Aid Counsel) represented the husband. Amicus Curiae Sparsh Chhibber represented the wife.
