"Supreme Court's Landmark Ruling in Rupali Gupta vs Rajat Gupta: Divorce, Maintenance, and Domestic Violence Rights"

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Rupali Gupta vs Rajat Gupta, Hon'ble Supreme Court of India, 2022


Legal Provisions Involved:

  • Section 13 of the Hindu Marriage Act, 1955: Grounds for divorce, particularly focusing on cruelty and desertion.
  • Section 125 of the Code of Criminal Procedure (CrPC): Provision for maintenance for wives and children.
  • Protection of Women from Domestic Violence Act, 2005: Rights of women facing domestic violence, including the right to residence and protection orders.

Background:

Rupali Gupta filed a petition seeking divorce from her husband, Rajat Gupta, on the grounds of cruelty. In addition, she claimed maintenance under Section 125 of the CrPC and protection under the Domestic Violence Act. Rajat Gupta opposed the petition, alleging that the claims of cruelty were fabricated and that his wife had deserted him.

Issues Raised:

  1. Whether Rupali Gupta was entitled to a divorce on the grounds of cruelty.
  2. Whether Rupali Gupta was entitled to maintenance under Section 125 of the CrPC.
  3. Whether the allegations of domestic violence were substantiated.

Arguments:

  • Petitioner (Rupali Gupta): Claimed that Rajat had treated her with cruelty, both physical and emotional. She alleged constant harassment and sought divorce and maintenance to support herself and their minor child.
  • Respondent (Rajat Gupta): Denied the allegations of cruelty and claimed that Rupali had left the matrimonial home without justifiable reasons. He argued that the divorce was unwarranted and that he should not be liable for maintenance due to her desertion.

Key Observations by the Supreme Court:

  1. Grounds for Divorce:

    • The Court found that there was sufficient evidence of cruelty. Repeated mental and emotional harassment, in particular, was treated as cruelty under the Hindu Marriage Act, fulfilling the requirements for granting a divorce.
    • Case law reference: The Court referred to V. Bhagat vs. D. Bhagat, 1994 SC, where it was held that mental cruelty can be a ground for divorce if it causes severe impact on the spouse's mental health.

  2. Maintenance Under Section 125 of CrPC:

    • The Court ruled that Rupali Gupta was entitled to maintenance. Despite Rajat’s allegations of desertion, the Court noted that the wife's departure from the matrimonial home was due to justifiable reasons linked to cruelty.
    • The Supreme Court emphasized that maintenance is a statutory right for a wife who cannot support herself. The Court directed Rajat Gupta to pay monthly maintenance to Rupali Gupta and their child.

  3. Domestic Violence Claims:

    • The Court found evidence supporting the claims of domestic violence. The protection order under the Domestic Violence Act was upheld, granting Rupali the right to reside in a shared household.
    • The Court underscored the right of residence under the Domestic Violence Act, which ensures that a woman cannot be evicted from her matrimonial home.

Final Judgment:

  • Divorce Granted: The Supreme Court granted the divorce on the grounds of cruelty.
  • Maintenance Awarded: Rajat Gupta was ordered to pay monthly maintenance for Rupali Gupta and their minor child under Section 125 CrPC.
  • Protection Order Upheld: The Court upheld the protection order under the Domestic Violence Act, securing Rupali's right to reside in the matrimonial home.

Significance of the Judgment:

  • This judgment reaffirms that mental cruelty is a valid ground for divorce under the Hindu Marriage Act.
  • It emphasizes the statutory right of a wife to receive maintenance if she cannot support herself, regardless of her husband's claims of desertion.
  • The case also reinforces the right to residence and protection against domestic violence for women under the Domestic Violence Act.

This judgment stands as a significant precedent for matrimonial disputes involving claims of cruelty, maintenance, and domestic violence.

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