The Allahabad High Court has affirmed the divorce granted by the lower court to a couple who lived separately for nearly 13 years. In the husband`s divorce petition, the lower court addressed the issue of desertion against him but ultimately granted the divorce based on the grounds of mental cruelty inflicted by the wife. Justices Vivek Kumar Birla and Donadi Ramesh, on the bench, asserted that cruelty extends beyond physical harm and recognized that in cases of mental cruelty, continuing marital relationship might become impossible.
Acknowledging the wife`s admission of not living together continuously, the court stated, “Apart from issue no. 2 of cruelty, the Court below appreciated that it is a case of irretrievable breakdown even if the desertion is not proved as per the definition of Section 13 (1)(ia) and (ib). Admittedly, at least 13 years have passed since both are living separately, which in itself amounts to cruelty under Section 13 (1)(ia) of the Act.”
Factual Background
Marriage and Initial Living Arrangements
The parties were married in 2002 according to Hindu rites. Following the marriage, the wife initially resided at her paternal home for a period.
Marital Discord and Separation
The wife briefly lived with her husband but subsequently returned to her paternal home. She later took up employment in a different city from her husband. Although the wife initially moved with her husband to Mumbai, she eventually relocated.
Husband’s Divorce Petition In his divorce petition, the husband claimed
- Mental and physical cruelty
- Desertion by his wife
- Irretrievable breakdown of the marriage
Wife’s Counter-allegations In her written statement, the wife alleged
- Beating and torture
- Dowry demands
- Adultery by the husband
Divorce Proceedings
The court attempted conciliation during the proceedings
The wife’s non-appearance led to the court proceeding with evidence recording
Lower Court’s Findings
- The court concluded that the marriage had irretrievably broken down
- Desertion was not proven as per the definitions of cruelty and desertion under Section 13(1)(ia) and (ib)
Dismissal of Wife’s Claims
- The court noted the wife’s failure to prove allegations of extramarital affairs against the husband
- Claims of physical torture were dismissed, citing: a) Absence of an FIR b) Wife’s pre-existing eye problems
High Court Verdict
The High Court observed that living separately for over 13 years itself amounts to cruelty under Section 13(1)(ia). It cited precedents, such as Rakesh Raman vs. Smt. Kavita and Samar Ghosh vs. Jaya Ghosh, highlighting that prolonged separation without cause constitutes cruelty. The court emphasized that a long period of continuous separation may lead to an irreparable breakdown of the matrimonial bond. Further, reliance on Rajib Kumar Roy vs. Sushmita Saha supported the view that living separately for an extended period signifies a classic case of irretrievable breakdown of marriage.
In line with the Supreme Court`s decision in Samar Ghosh, the High Court concluded that undue harassment and mental cruelty were established in the lower court, justifying the grant of divorce in the case of Charu Chug Alias Charu Arora vs. Madhukar Chugh.
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