The Allahabad High Court observed that a wife’s consumption of alcohol does not amount to cruelty towards her husband unless accompanied by other serious issues. The case involved a husband’s divorce plea citing his wife’s outings with friends and alcohol consumption without informing him. The court evaluated whether these claims constituted valid grounds for divorce.
The Allahabad High Court stated that a wife’s consumption of alcohol does not constitute cruelty towards her husband unless it leads to unwarranted behavior.
This ruling came from a Division Bench comprising Justices Vivek Chaudhary and Om Prakash Shukla while adjudicating a man’s appeal for divorce.
The husband argued that his wife was going out with friends without notifying him and drinking alcohol.
The court clarified,
“Consuming alcohol by itself does not amount to cruelty if it is not followed by unwarranted and uncivilized behavior. While alcohol consumption is still considered taboo in middle-class society and is not part of the culture, there is no evidence on record to demonstrate how the wife’s alcohol consumption has resulted in cruelty to the husband/appellant.”
The couple married in 2015 after connecting through a matrimonial website. According to the husband’s petition, the wife and their son left him in 2016 to live in Kolkata. He subsequently approached the family court in Lucknow, which dismissed his plea.
The wife did not respond to the appeal before the High Court, resulting in an ex parte decision.
The High Court examined the case based on two grounds, cruelty and desertion, noting that these grounds are mutually exclusive.
The court explained,
“Cruelty can by itself be a ground for dissolution of marriage, just as desertion can serve as a basis for granting a decree of divorce,”
Regarding the cruelty claim, the court found no evidence showing that the wife’s alcohol consumption had caused her cruelty.
It stated,
“In fact, the learned Family Court was correct in noting that there is no record to indicate that the child born out of wedlock was weak or unhealthy or that there were any complications during the respondent/wife’s pregnancy.”
Moreover, the court pointed out that there was no evidence to show that calls received by the wife were from male friends or that they resulted in cruelty to the husband.
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It stated,
“This Court agrees with the findings of the Family Court that the Appellant/Husband failed to demonstrate any act or instance of cruelty inflicted on him, which would entitle him to a decree of divorce on those grounds,”
However, the court acknowledged that the wife had been living apart from the husband since 2016, which amounted to desertion under the Hindu Marriage Act.
It noted,
“When the respondent-wife left the appellant-husband’s home with the child, he asked her to return, but she refused without reasonable cause. Her refusal to cohabit with her husband constitutes willful neglect under the explanation appended to Section 13 of the HMA, 1955.”
The court took a critical view of the wife’s lack of participation in the case, interpreting it as an indication of her intention not to return to her matrimonial home. Consequently, the court upheld the husband’s appeal and granted him a divorce.
It concluded,
“We are of the considered opinion that the Respondent/wife has deserted the Appellant/husband without any reasonable cause, and he has been willfully neglected. Therefore, a case for divorce on this ground is established in the peculiar undisputed facts and circumstances of the present case,”
Advocates Ashok Sinha and Sumit Pandey represented the husband.
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In Indian law, cruelty is recognized as a valid ground for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955. This provision allows a marriage to be dissolved if one spouse treats the other cruelty. Cruelty can include both physical harm and mental suffering, depending on the situation.
Key Points About Cruelty in Law:
- Types of Cruelty:
- Physical Cruelty: Actions that cause physical harm or injury.
- Mental Cruelty: Behavior that leads to emotional pain, humiliation, or distress. This includes verbal abuse, neglect, and other actions that make living together difficult.
- Court’s View on Cruelty:
Courts decide whether behavior amounts to cruelty by looking at the facts of each case. It can include any actions that make cohabitation impossible, even if they are not explicitly defined. - Proof Required:
The person claiming cruelty must provide evidence. However, the standard of proof is based on what is likely to have happened, not beyond a reasonable doubt. - Other Laws on Cruelty:
- Section 498A of the IPC: Deals with cruelty by a husband or his family, especially related to dowry.
- Protection of Women from Domestic Violence Act, 2005: Provides broader protection from physical, emotional, verbal, and financial abuse.
Courts assess the overall behavior and its effect on the affected spouse to decide if it amounts to cruelty under the law.
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