The Allahabad High Court rejected a husband’s claim that his wife’s refusal to observe ‘parda’ and her independent behavior constituted mental cruelty warranting divorce. The court emphasized that such actions do not qualify as cruelty under the law, particularly as both parties are educated professionals. While allegations of immoral relations lacked evidence, the court acknowledged the wife’s prolonged desertion and refusal to revive the marriage as valid grounds for divorce, ultimately granting the husband’s plea without requiring provisions for alimony, given their financial independence and adult child.
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Prayagraj: The Allahabad High Court rejected a husband’s argument that his wife’s refusal to observe ‘parda‘ (veil) constitutes mental cruelty, which would justify a divorce.
A bench of Justices Saumitra Dayal Singh and Donadi Ramesh ruled on this case while hearing an appeal from the husband.
He had contested the dismissal of his petition seeking divorce on the grounds of mental cruelty and desertion.
Wife’s Independence Not Mental Cruelty
The Bench, led by Justice Singh, dismissed the claim that the wife being a “free-willed person” who ventured to the market or other places independently, without observing ‘parda‘, could be considered an act of cruelty.
“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,”
-the court stated.
The High Court further emphasized,
“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.”
Different Perceptions Don’t Always Mean Cruelty
The court explained that differences in life perceptions and behaviors among individuals do not necessarily amount to cruelty.
“Differences of perception towards life may give rise to different behaviours by individuals. Such differences of perception and behaviour may be described as cruel by others by observing the behaviour of another. At the same time, such perceptions are neither absolute nor such as may themselves give rise to allegations of cruelty unless observed and proven facts are such as may be recognised in law to be acts of cruelty,”
-it added.
Lack of Evidence on Allegations
The family court’s earlier decision to dismiss the husband’s claims was upheld due to a lack of specific details or proof regarding the insults he alleged were caused by his wife.
“As to the act of immoral relations alleged by the respondent (wife), no conclusive evidence could be led by the appellant (husband). Besides, the allegation of the respondent (wife) having formed an immoral relationship with a person described as ‘Punjabi Baba’, no other fact was attempted to be proved and no direct or credible evidence could be led,”
-the court remarked.
Desertion Justifies Divorce
However, the High Court acknowledged that the wife’s prolonged desertion of the husband constituted mental cruelty sufficient for the dissolution of the marriage.
The Bench stated,
“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.”
Moreover, the court noted that the wife did not attempt to restore the marital relationship or seek restitution of conjugal rights.
Final Judgment
Granting the plea for divorce, the Allahabad High Court highlighted that-
“Both parties are gainfully employed. The only child born to them has remained in the custody of his wife. He is about 29 years of age. Therefore, neither any prayer has been made nor any occasion exists to provide for permanent alimony.”
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