{"id":109,"date":"2025-05-14T06:14:01","date_gmt":"2025-05-14T06:14:01","guid":{"rendered":"https:\/\/duasnduas.com\/?p=109"},"modified":"2025-07-10T04:48:29","modified_gmt":"2025-07-10T04:48:29","slug":"prolonged-separation-cruelty-ground-divorce-case","status":"publish","type":"post","link":"https:\/\/duasnduas.com\/resources\/prolonged-separation-cruelty-ground-divorce-case\/","title":{"rendered":"Prolonged Separation as Cruelty Ground for Divorce Case"},"content":{"rendered":"
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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\u00a0 marital relationship might become impossible.<\/p>\n

Acknowledging the wife`s admission of not living together continuously, the court stated, \u201cApart 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.\u201d<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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Factual Background<\/h2>\n

Marriage and Initial Living Arrangements<\/h3>\n

The parties were married in 2002 according to Hindu rites. Following the marriage, the wife initially resided at her paternal home for a period.<\/p>\n

Marital Discord and Separation<\/h3>\n

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.<\/p>\n

Husband\u2019s Divorce Petition In his divorce petition, the husband claimed<\/h3>\n
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  1. Mental and physical cruelty<\/li>\n
  2. Desertion by his wife<\/li>\n
  3. Irretrievable breakdown of the marriage<\/li>\n<\/ol>\n

    Wife\u2019s Counter-allegations In her written statement, the wife alleged<\/h3>\n
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    1. Beating and torture<\/li>\n
    2. Dowry demands<\/li>\n
    3. Adultery by the husband<\/li>\n<\/ol>\n

      Divorce Proceedings<\/h3>\n

      The court attempted conciliation during the proceedings<\/p>\n

      The wife\u2019s non-appearance led to the court proceeding with evidence recording<\/p>\n

      Lower Court\u2019s Findings<\/h3>\n
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      1. The court concluded that the marriage had irretrievably broken down<\/li>\n
      2. Desertion was not proven as per the definitions of cruelty and desertion under Section 13(1)(ia) and (ib)<\/li>\n<\/ol>\n

        Dismissal of Wife\u2019s Claims<\/h3>\n
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        1. The court noted the wife\u2019s failure to prove allegations of extramarital affairs against the husband<\/li>\n
        2. Claims of physical torture were dismissed, citing: a) Absence of an FIR b) Wife\u2019s pre-existing eye problems<\/li>\n<\/ol>\n

          High Court Verdict<\/strong><\/h2>\n

          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\u00a0Samar Ghosh vs. Jaya Ghosh<\/a>, 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.
          \nIn 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\u00a0          Charu Chug Alias Charu Arora vs. Madhukar Chugh<\/a>.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

          Advocate Rajal Rai Dua – Dua\u2019s & Dua\u2019s Advocates & Consultants <\/strong><\/p>\n

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          Phone<\/strong><\/a>:\u00a0<\/strong>098919 14800<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

          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…<\/p>\n","protected":false},"author":1,"featured_media":110,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[95,135,6],"tags":[97,53,177,178],"class_list":["post-109","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-best-divorce-lawyer-in-delhi","category-best-law-firm-in-delhi","category-best-lawyer-in-delhi","tag-best-divorce-lawyer-in-delhi","tag-divorce-lawyer-in-delhi","tag-prolonged-separation","tag-separation-law"],"_links":{"self":[{"href":"https:\/\/duasnduas.com\/resources\/wp-json\/wp\/v2\/posts\/109","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/duasnduas.com\/resources\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/duasnduas.com\/resources\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/duasnduas.com\/resources\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/duasnduas.com\/resources\/wp-json\/wp\/v2\/comments?post=109"}],"version-history":[{"count":6,"href":"https:\/\/duasnduas.com\/resources\/wp-json\/wp\/v2\/posts\/109\/revisions"}],"predecessor-version":[{"id":639,"href":"https:\/\/duasnduas.com\/resources\/wp-json\/wp\/v2\/posts\/109\/revisions\/639"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/duasnduas.com\/resources\/wp-json\/wp\/v2\/media\/110"}],"wp:attachment":[{"href":"https:\/\/duasnduas.com\/resources\/wp-json\/wp\/v2\/media?parent=109"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/duasnduas.com\/resources\/wp-json\/wp\/v2\/categories?post=109"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/duasnduas.com\/resources\/wp-json\/wp\/v2\/tags?post=109"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}