The Jharkhand High Court has upheld the dismissal of a husband’s divorce petition, holding that a wife’s mere wish that her husband live as a ‘gharjamai’ at her parents’ home, without any compulsion, does not amount to cruelty under Section 13(1)(ia) of the Hindu Marriage Act. The Court also held that a wife’s frequent visits to her parental home cannot be termed cruelty, and that the husband had led no evidence to substantiate his allegations.
Reversing a family court that had dismissed a wife’s divorce petition for want of specific proof of cruelty, the Patna High Court granted her a decree, holding that a husband who kept his wife out of the matrimonial home for 13 years, and never contested her allegations, had by that very conduct inflicted cruelty. The Court held it could not grant divorce on irretrievable breakdown alone, but that the prolonged deprivation of married life amounted to cruelty.
In a shocking turn of events at Agar Malwa’s District Sessions Court, lawyer Nitin Atal threw a shoe at Additional Sessions Judge Pradeep Dubey during a heated argument, causing an injury. Atal fled after snatching court documents, prompting legal action and a search operation by the police. The incident has sparked concerns about judicial safety and decorum.
