The Punjab and Haryana High Court recently granted a divorce to a man whose wife was convicted for the tragic murder of their two children in 2010.

A division Bench comprising Justice Sudhir Singh and Justice Harsh Bunger noted that the wife’s conviction caused immense mental anguish, pain, and fear in the husband's mind, leading him to believe that living with her was unsafe. The Court recognized this as a form of cruelty toward the husband.

Additionally, it acknowledged that the wife’s nine-year imprisonment had led to the “physical deprivation of the matrimonial relationship,” further contributing to the decision.

“That apart, the appellant must have also borne the burden of humiliation in the society. The said cruelty would continue unless the relationship is severed and therefore, it would be in the interest of justice to dissolve the marriage by decree of divorce so as to put an end to the misery/suffering of the appellant and enable him to live his own life,” the Court said.

The couple, married in 2003, had a son and daughter. However, in 2010, the wife tragically killed both children. In July 2011, she was found guilty of murder and sentenced to life imprisonment. Subsequently, the husband filed for divorce in a family court.

In July 2013, the family court in Sonepat rejected his petition, prompting the appeal to the High Court.

The husband's appeal highlighted several issues, including educational differences between the couple—while the wife had studied up to Class XII, the husband had only completed Class VIII. This disparity was cited as a source of contention. It was further argued that the wife had sought to end the relationship, and the children had been an obstacle. Therefore, the wife allegedly killed them to break free from the relationship.

The wife, however, denied the allegations of murder and claimed the case against her was false. She contended that the husband subjected her to cruelty, including alcoholism. She also pointed out that her appeal against the murder conviction was still pending in the High Court, and her sentence had been suspended in 2019.

Considering the arguments, the Bench examined whether the wife’s murder conviction and life sentence constituted cruelty against the husband. The Court acknowledged that while a murder conviction is not explicitly grounds for divorce under the Hindu Marriage Act, it clearly amounted to mental cruelty.

“Although the conviction of a person for murder has not been specifically made a ground for divorce under the Hindu Marriage Act, but it would definitely amount to mental cruelty as the incarceration on account of conviction under Section 302 of the Indian Penal Code would surely result in deprivation of conjugal rights as well as food, shelter and security and would also cause mental pain, agony and apprehension in the mind of the other spouse that it would be harmful or injurious to live with the other. The afore-said view has been taken by the Delhi High Court in Swati vs Arvind Mudgil, 2015(5) RCR (Civil) 827.”