In a recent ruling, the Allahabad High Court upheld a divorce where the husband asserted mental cruelty by the wife as grounds for separation. The intricacies of the case reveal a marriage that endured significant challenges over the years.
The husband, in his divorce petition, not only claimed mental cruelty but also asserted desertion and an irretrievable breakdown of the marriage. The wife, in her written statement, countered with allegations of physical abuse, torture, and demands for dowry. She further accused the husband of adultery.
Throughout the divorce proceedings, attempts at reconciliation were made, but the wife’s absence on subsequent dates led the court to proceed with recording evidence. The Court below ultimately concluded that the marriage had irretrievably broken down, even if desertion could not be proven under Section 13 (1)(ia) and (ib) of the law.
One significant aspect considered by the Court was the duration of continuous separation, which exceeded 13 years. The High Court asserted that such a prolonged separation, in itself, amounts to cruelty under Section 13(1)(ia) of the Act. This aligns with the court’s reliance on the judgment in Rakesh Raman vs. Smt. Kavita, which held that a long period of continuous separation could lead to the conclusion that the matrimonial bond is beyond repair.
The Court also referred to the Supreme Court’s stance in Samar Ghosh vs. Jaya Ghosh, emphasizing that mental cruelty includes situations where the marriage becomes a fiction due to a long period of continuous separation. The judgment noted that by refusing to sever the legal tie in such cases, the law may not serve the sanctity of marriage.
Additionally, the Court drew on the case of Rajib Kumar Roy vs. Sushmita Saha, where the Supreme Court recognized that with considerable time elapsed, any marital love or affection between the parties may have dried up, indicating a classic case of irretrievable breakdown of marriage.
In summary, the Allahabad High Court’s decision underscores the evolving understanding of marital relationships, acknowledging that mental cruelty, even without physical harm, and prolonged periods of separation can contribute to an irretrievable breakdown of marriage.