Matrimonial & Family Law Division Bench | Supreme Court of India Decided on 09 February 2010

Ravi Kumar v. Julmidevi

(2010) 4 SCC 476
2010 INSC 96
[2010] 2 SCR 545
AIR 2010 SC (Supp) 479
Civil Appeal No. 1868 of 2007

Core Landmark Ratio Decidendi

The Supreme Court held that matrimonial cruelty defies any rigid, straightjacket definition and its categories can never be closed; it may be subtle, brutal, physical, verbal, or manifested through sustained hostile attitudes or prolonged silence. In matrimonial proceedings, the standard of proof is preponderance of probabilities, not criminal proof beyond reasonable doubt, but pleadings must set forth specific, cogent particulars rather than vague assertions. Furthermore, filing a petition under Section 9 of the Hindu Marriage Act constitutes condonation of antecedent alleged misconduct. Where the husband commits domestic violence and beats the wife—as corroborated by the credible testimony of the parties' child—the wife has reasonable excuse to live separately, completely defeating the husband's claims of desertion and cruelty.

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