Source: Delhi High Court

Why in News?

Justice Suresh Kumar Kait and Justice Neena Bansal Krishna held that “When such is the nature of one spouse towards the other, it brings disgrace to the very essence of marriage and there exist no possible reason as to why he should be compelled to live while enduring the agony of living together”.

• The Supreme Court heard this in the case X v. Y.

What is the Background of X v. Y?

• The present appeal was initiated under Section 19 of the Family Courts Act, 1984, following the dismissal of the appellant's petition under Section 13(1) (ia) of the Hindu Marriage Act, 1955, by the learned Family Court on 1st October 2018.
• Allegations surfaced regarding the respondent's disrespectful behavior towards the appellant's family, her demands for a luxurious lifestyle, and her neglect of household responsibilities. Incidents of public humiliation and verbal abuse were cited, prompting the appellant to seek legal recourse.

What were the Court’s Observations?

• The court said that This court is of the opinion that though there is no standard set for what amounts to a reasonable reaction to provocations in marital life, such acts of causing physical harm to a person is a reflection of one’s inability to be in control of their temperaments and amounts to cruelty.
• It was observed that despite requests by the appellant (husband) to not continue the fight in front of their son, the respondent (wife) remained unbothered by it and acted in the heat of the moment.
  • This kind of conduct would no doubt subject a spouse to grave cruelty.

What is Section 19 of Family Courts Act, 1984?

Appeal. -

• Save as provided in sub-section (2) and notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law, an appeal shall lie from every judgment or order, not being an interlocutory order, of a Family Court to the High Court both on facts and on law.
• No appeal shall lie from a decree or order passed by the Family Court with the consent of the parties or from an order passed under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974):
  • Provided that nothing in this sub-section shall apply to any appeal pending before a High Court or any order passed under Chapter IX of the Code of Criminal Procedure 1973 (2 of 1974) before the commencement of the Family Courts (Amendment) Act, 1991 (59 of 1991).
• Every appeal under this section shall be preferred within thirty days from the date of the judgment or order of a Family Court.
• The High Court may, of its own motion or otherwise, call for and examine the record of any proceeding in which the Family Court situate within its jurisdiction passed an order under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) for the purpose of satisfying itself as to the correctness, legality or propriety of the order, not being an interlocutory order, and, as to the regularity of such proceeding.
• Except as aforesaid, no appeal or revision shall lie to any court from any judgment, order or decree of a Family Court.
• An appeal preferred under sub-section (1) shall be heard by a Bench consisting of two or more Judges.