Authored By: SOBIA NEELOFAR
University of Kashmir,Kashmir Law College
Case Name: Naveen Kohli v. Neelu Kohli (2006) 4 SCC 558
Court: Supreme Court of India
Bench: Justice B.N. Agrawal and Justice A.K. Mathur
Date of Judgment: March 21, 2006
Facts:
Naveen Kohli and Neelu Kohli were married in 1975 and had three children. Over time, their relationship deteriorated due to continuous quarrels and lack of mutual respect. The husband alleged that the wife’s behavior caused mental agony, and both parties began living separately from 1994 onwards. The husband filed for divorce on grounds of cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.
Issues:
- Whether the conduct of the respondent (wife) amounted to mental cruelty?
- Whether an irretrievable breakdown of marriage could be a valid ground for divorce?
Judgment:
The Supreme Court held that continuous humiliation, false allegations, and mental torture constituted cruelty. The Court found that there was no chance of reconciliation as both parties had lived apart for more than ten years. Though “irretrievable breakdown of marriage” is not a statutory ground under the Act, the Court recommended that Parliament consider adding it as a ground for divorce.
Held:
Divorce was granted on the ground of cruelty. The Court emphasized that forcing unwilling parties to remain in a dead marriage serves no purpose and leads to further suffering.
Legal Principle:
- Mental cruelty includes acts that cause deep anguish, disappointment, or frustration in the life of one spouse.
- The case highlighted the need for legal recognition of irretrievable breakdown as an independent ground for divorce.
Significance:
This judgment became a landmark precedent for defining mental cruelty under Hindu marriage law and influenced later reforms and judicial interpretations concerning matrimonial disputes.
