In a landmark judgment, the Allahabad High Court has underscored the gravity of cruelty in matrimonial relationships, affirming that the presence of cruelty can indeed form a valid basis for seeking divorce. This decision, delivered by a bench comprising Justice Saumitra Dayal Singh and Justice Shiv Shanker Prasad, delves into the complexities of marital discord and the legal implications of cruelty within such relationships.
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The case in question, titled Hemsingh @ Tinchu v. Smt. Bhawna [FIRST APPEAL No. – 1360 of 2023], arose when the appellant-husband challenged the decision of the Principal Judge, Family Court, Etawah, which had dissolved his marriage at the behest of his wife, the respondent. The wife had sought the dissolution of their marriage on the grounds of cruelty.
In their judgment, the High Court justices stated,
“Once cruelty is found committed, the cause of action to seek divorce does arise. How the parties may conduct themselves thereafter, may remain a relevant factor. Yet, no rule of law may arise as may dictate to the Court to pass an order to restore the matrimonial relationship between the parties, without looking into the other attending circumstances.”
This statement highlights the court’s stance that the discovery of cruelty in a marriage is a significant factor in divorce proceedings, but it also emphasizes the need to consider the broader context and subsequent conduct of the parties involved.
During the trial, the allegations of cruelty made by the wife were corroborated by close relatives of the husband. Notably, it was revealed that the husband’s father had disinherited him due to his poor conduct. The court observed,
“In a summary consideration of the appeal, we first find, the respondent had been able to prove his case of cruelty committed upon the occurrence of repeated physical assault to force the respondent to either leave her government job and/or to give money to the appellant. While no more proof was required to establish the cruelty caused, the defence witnesses who are close family members of the present appellant clearly corroborated the allegation of bad character of the appellant by stating, owing to such bad character and conduct of the appellant, his father excluded him from his Will.”
The court further noted that the acts of cruelty were not isolated or sporadic incidents but were part of a consistent pattern of behavior. This led to the rejection of the husband’s plea to restore the marriage, even with his assurance of not demanding dowry in the future. The judges remarked,
“The acts of cruelty were not sporadic or singular as may have warranted any further consideration.”
Ultimately, the Allahabad High Court upheld the lower court’s decision, establishing that the acts of cruelty were proven and dismissing the appeal filed by the husband. This judgment is a significant contribution to the discourse on matrimonial law, particularly in the context of cruelty, and sets a precedent for future cases where the restoration of marital relationships is considered in light of proven cruelty.
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