Hindu Marriage Act, 1955 – Section 13(1)(i-a) – Divorce decree to husband on grounds of cruelty – Held Valid – Allegation of adultery by wife – Compliance with procedural rules under HMA – Burden of proof in matrimonial matters – Admissibility of evidence in divorce proceedings – The appellant-wife challenged a divorce decree granted to the respondent-husband on grounds of cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955. She contended that the petition did not comply with the procedural rules outlined in the Hindu Marriage & Divorce (Himachal Pradesh) Rules 1982. Additionally, she argued against the granting of divorce based on vague allegations of cruelty, especially regarding adultery.
The appellant-wife’s counsel argued that the court below erred in granting the divorce decree without sufficient evidence of cruelty or adultery. They contended that the respondent-husband failed to substantiate the allegations against the appellant-wife. However, the respondent-husband’s counsel vehemently argued that ample evidence was presented to establish the cruelty suffered by the respondent-husband, particularly due to false allegations of adultery.
Upon thorough examination of the evidence presented, the court found that while the initial years of marriage were cordial, tensions arose due to the appellant-wife’s job placement at a considerable distance from their native place, leading to the daughter being left in the care of the respondent-husband and his mother. The court noted that serious allegations of adultery were made by the appellant-wife, causing significant mental distress to the respondent-husband, as evidenced by his disturbed state at work.
The court emphasized that cruelty, whether mental or physical, must be more than the ordinary wear and tear of married life. The false allegations of adultery constituted a grave assault on the character of the respondent-husband, contributing to mental trauma. The court cited legal precedents to assert that such allegations alone were sufficient to establish cruelty, regardless of the intention behind them.
Despite the appellant-wife’s denial and attempts to discredit the respondent-husband’s claims, the court found the evidence overwhelmingly in favor of the respondent-husband. The appellant-wife’s failure to prove the allegations of adultery, coupled with her own withdrawal of complaints, further weakened her case. Consequently, the court upheld the divorce decree, affirming the decision of the Family Court. The appeal was dismissed accordingly. (Para 10, 26, 28, 29)
HIGH COURT OF HIMACHAL PRADESH
2023 STPL(Web) 412
[Latest HLJ 2023 (HP)(2) 1606 = 2023 HHC 14294]
Ms. Kamlesh Thakur Vs. Shri Sushil Thakur
FAO (FC) No. 2 of 2019-Decided on 18-12-202
https://stpllaw.in/wp-content/uploads/2024/05/2023-STPLWeb-412-HP.pdf
