[SC] HMA S. 13(1)(i-a) – Subsequent conduct during the pendency of judicial proceedings  – Continuing acts of the respondent would amount to cruelty even if the same had not arisen as a cause prior to the institution of the petition

hindu marriage act, 1955 S. 13(1)(i-a) – Subsequent conduct during the pendency of judicial proceedings  – Continuing acts of the respondent would amount to cruelty even if the same had not arisen as a cause prior to the institution of the petition – This conduct shows disintegration of marital unity and thus disintegration of the marriage – The fact that there have been continued allegations and litigative proceedings and that can amount to cruelty is an aspect taken note of by this court –   We are, thus, of the view that a decree of divorce dissolving the marriage between the parties be passed not only in exercise of powers under Article 142 of the Constitution of India on account of irretrievable breakdown of marriage, but also on account of cruelty under Section 13(1)(i-a) of the Act in light of the subsequent conduct of the respondent during the pendency of judicial proceedings at various stages – Constitution of India, Article 142 . Jayachandra v. Aneel Kaur, (2005-1)139 PLR 710 (SC), Malathi Ravi v. B.V. Ravi, (2014) 7 SCC 640, relied.  

2021 PLRonline 5106 (SC)