The Allahabad High Court has dismissed a husband’s plea for divorce on the grounds of mental cruelty, rejecting his contention that his wife’s decision not to observe ‘parda’ (veil) constituted cruelty.
A bench comprising Justices Saumitra Dayal Singh and Donadi Ramesh ruled against the appellant-husband, who had filed for divorce on the grounds of mental cruelty and desertion.
The court stated, “The act of the wife being free-willed or a person who would travel on her own or meet up with other members of the civil society without forming any illegal or immoral relationship, may not be described as an act of cruelty committed, in these facts.”
Observations on Cruelty
The bench further noted that differences in perception and behavior, even if described as cruel by others, must be proven under the law as acts of cruelty to form the basis for divorce.
The court remarked, “Insofar as such acts and other acts have been attributed to the respondent (wife), it is difficult to accept the same as acts of cruelty committed, insofar as both parties are well educated. The appellant (husband) is a qualified Engineer, whereas the respondent (wife) is a government teacher.”
Allegations of Immoral Relations
The court dismissed the husband’s allegations of the wife forming immoral relationships, including claims involving a person described as ‘Punjabi Baba.’ The bench noted that no credible evidence had been presented to support such claims.
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While rejecting most of the husband’s claims, the court acknowledged that the wife’s prolonged desertion could be grounds for divorce.
“The wilful act of the wife and her refusal to cohabit with the appellant-husband to revive her matrimonial relationship appears to be an act of desertion committed of degree as may itself lead to dissolution of her marriage,” the court stated.
The court observed that the wife had not only refused cohabitation but also made no effort to seek restitution of her conjugal rights.
Decision on Dissolution of Marriage
Allowing the plea for the dissolution of marriage, the Allahabad High Court concluded that both parties were gainfully employed and that their only child, now 29 years old, remained in the wife’s custody. The court determined that there was no occasion to provide for permanent alimony as no such prayer was made.
This judgment underscores the need for substantial evidence and legal grounding when alleging cruelty as a basis for divorce, highlighting the importance of addressing prolonged desertion in matrimonial disputes.
