Legal Article

Dr. N.G. Dastane v. Mrs. S. Dastane: A Critical Analysis

Shivendra Pratap Singh


High Court Lucknow


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Published on: 31 Jul, 2023

The case of Dr. N.G. Dastane v. Mrs. S. Dastane is a landmark decision by the Supreme Court of India, and it has played a pivotal role in shaping the discourse surrounding the concept of “cruelty” as a ground for divorce under the Hindu Marriage Act, 1955. Let’s critically analyze this case to comprehend its significance and implications:


The appellant, Dr. N.G. Dastane, sought a divorce from his wife, Mrs. S. Dastane, on the grounds of cruelty. The main point of contention was the wife’s behavior, which was characterized by consistent false accusations against her husband, including allegations of adultery.

Key Findings of the Supreme Court:

  1. Nature of Cruelty: The Court provided clarity on the understanding of cruelty. It was held that cruelty, as a ground for divorce, need not be physical. Even mental pain, agony, or suffering can come under its ambit.
  2. Degree of Cruelty: The Supreme Court opined that it’s not necessary for cruelty to cause danger to life, limb, or health. It is sufficient if it makes life together so unbearable that they can’t reasonably be expected to live together.
  3. Conduct Evaluation: The Court emphasized evaluating the entirety of the marital relationship, analyzing instances, and not isolating individual incidents. The conduct of both parties to the marriage has to be examined.
  4. Proof and Probability: The apex court stated that in matrimonial disputes, the standard of proof doesn’t have to reach the rigorous level of criminal cases, i.e., beyond a reasonable doubt. If the probability factor is present, and the conduct seems likely, it might be considered enough.

Critical Analysis:

  1. Subjectivity of Mental Cruelty: One of the significant contributions of this judgment is the recognition of mental cruelty as a valid ground for divorce. However, this also brings with it the issue of subjectivity. What might be mentally cruel for one individual might not be so for another. The Court, in this case, had to rely heavily on its interpretation, which could differ in different circumstances.
  2. Standard of Proof: The case set a precedent by highlighting that a lower threshold of proof is acceptable in matrimonial cases. While this eases the burden on the petitioner, it could also potentially open the door for misuse if not balanced appropriately.
  3. Holistic View: The Court’s approach in evaluating the entirety of the marital relationship is commendable. Individual instances might be seen as trivial, but a pattern of behavior over time can indeed amount to cruelty.
  4. Impact on Society: The judgment, given in the 1970s, was progressive for its time. It played a role in changing societal perceptions, signaling that one doesn’t need to endure physical abuse to seek relief. Mental well-being in marital relationships started getting its due recognition.


The Dr. N.G. Dastane v. Mrs. S. Dastane case is pivotal in understanding the legal contours of cruelty in matrimonial disputes. The Supreme Court’s recognition of mental cruelty and its emphasis on a holistic evaluation of marital relationships set the tone for subsequent judgments. However, the inherent subjectivity in determining mental cruelty remains a challenge, underscoring the need for judicial wisdom and restraint.