The Court also examined the meaning of the word ‘depravity’ as contained in Section 14 and said that it means wickedness or immoral behaviour of such a nature which cannot be expected by any individual in any reasonable situation. Such behaviour is marked by perversity and lack of moral decency but depravity cannot be taken to mean deprivation i.e. of being deprived, the judges have held.
“Mere denial of sex by one, or both the parties to the other, cannot be described as an act of exceptional depravity. Such conduct cannot be described as wicked or immoral behavior, or as perverse behavior lacking in moral decency, more so when temperamental differences lie at both ends. No doubt, it may tantamount to a matrimonial misconduct, but that is not what we are examining presently,” the Court explained.
Analysing the meaning of the word ‘hardship’, it said that Section 14 qualifies the word ‘hardship’ with ‘exceptional’. Though denial of sex by one spouse to the other, or by both of them to each other may certainly constitute ‘hardship’, but it cannot be said to be ‘exceptional hardship’.
“The intent behind the framing of Section 13, 13B and Section 14 of the Hindu Marriage Act was to protect both – the individuals, as also the marriage. What the legislature has sought to address by way of divorce on the ground of cruelty, cannot be categorized as exceptional hardship or depravity so as to by-pass the well-established procedure,” the judgment said.
Source: Barandbench
