Chhattisgarh High Court Upholds Divorce on Grounds of Cruelty and Desertion

Permanent Alimony Awarded as Marriage Irretrievably Breaks Down

In a landmark decision, the Chhattisgarh High Court has upheld the decree of divorce granted by the Family Court, Janjgir, to Sanjay Kumar Sahu against Smt. Parvati Sahu on the grounds of cruelty and desertion. The judgment, delivered by Justices Rajani Dubey and Amitendra Kishore Prasad, confirms the irretrievable breakdown of the marriage due to the wife's acts of mental and physical cruelty and her desertion for a continuous period of five years.

The case, registered as FA(MAT) No. 122 of 2023, was an appeal against the Family Court's decision dated 31.03.2023. The marriage between the parties was solemnized on 22 February 2002, and they have two children together. However, over the years, the relationship deteriorated, leading to the husband filing for divorce under Section 13 of the Hindu Marriage Act, 1955.

The husband alleged that the wife subjected him to cruelty and abandoned him without reasonable cause. Despite his attempts to support her financially and emotionally, including facilitating her training in stitching and beauty services, she refused to fulfill marital obligations. The evidence presented showed that the wife expressed her unwillingness to continue the marriage during counseling sessions, further corroborating the husband's claims.

The court examined various testimonies, including those of the parties' children, and found consistent evidence of the wife's neglect and refusal to cohabitate. Witnesses corroborated the husband's narrative, with the wife's father-in-law denying allegations of dowry demands and misconduct.

In addition to granting the divorce, the court awarded permanent alimony of Rs. 3,00,000/- to the wife, considering her financial independence and successful business ventures. The decision takes into account the wife's ability to maintain herself, affirming that the amount is sufficient for her maintenance.

The judgment highlights the legal standards for cruelty and desertion under the Hindu Marriage Act, referencing significant Supreme Court rulings that define these grounds for divorce. The court emphasized the importance of a reasonable apprehension of harm or injury in establishing cruelty, as well as the intentional abandonment without consent for desertion.

This ruling serves as a precedent for similar cases, underscoring the judiciary's role in addressing marital disputes where reconciliation is impossible. The decision reflects a careful consideration of the facts and evidence, ensuring justice for both parties involved.

Statutory provision(s): Hindu Marriage Act, 1955 Sections 13(1)(i-a), 13(1)(i-b), 25

Smt. Parvati Sahu v. Sanjay Kumar Sahu, (Chhattisgarh)(DB) : Law Finder Doc Id # 2796580