Divorce - Abandonment of marital relationship without sufficient cause constitutes cruelty

Chhattisgarh High Court Upholds Divorce Decree Amid Allegations of Cruelty and Desertion. Court Grants Rs. 5 Lakh Permanent Alimony to Wife Despite Dismissal of Appeal

In a significant ruling, the Chhattisgarh High Court has upheld the decree of divorce granted by the Family Court of Baloda Bazar in the contentious case of Smt. Sarita v. Hemlal Kaiwart. The decision, delivered by a division bench comprising Justice Rajani Dubey and Justice Amitendra Kishore Prasad, affirms the findings of the Family Court that the wife's persistent indifferent behavior and abandonment of the marital relationship constituted cruelty and desertion under the Hindu Marriage Act, 1955.

The dispute arose from a marriage solemnized on April 30, 2004, between Smt. Sarita and Hemlal Kaiwart, which later became fraught with discord. The husband, Hemlal Kaiwart, filed for divorce citing cruelty and desertion after years of marital strife, including the wife's alleged refusal to cohabitate and her physical altercations with his family members. Despite these claims, the wife, Smt. Sarita, appealed the Family Court's decree, arguing that the findings were perverse and unsupported by evidence.

The High Court, however, dismissed the appeal, noting that Smt. Sarita failed to substantiate any allegations of cruelty or ill-treatment against her husband. The bench emphasized that her conduct, characterized by a refusal to cohabit and withdrawal from the matrimonial home, amounted to willful desertion without reasonable cause. The court also observed that the appellant did not pursue any legal action for restitution of conjugal rights, further substantiating the claim of desertion.

In addition to upholding the divorce decree, the High Court directed Hemlal Kaiwart to pay a one-time permanent alimony of Rs. 5,00,000 to Smt. Sarita, considering the duration of the marriage and the financial circumstances of both parties. This decision aims to provide financial support to the appellant despite the dismissal of her appeal.

The judgment reflects the court's meticulous examination of evidence and adherence to legal precedents on cruelty and desertion. The case references notable Supreme Court decisions, including Bipinchandra Jaisinghbai Shah v. Prabhavatis and Debananda Tamuli v. Kakumoni Kataky, which define desertion as the intentional abandonment of one spouse by the other without consent or reasonable cause.

This ruling underscores the importance of substantiating claims of cruelty and desertion in divorce proceedings and highlights the court's commitment to ensuring fair financial settlements in matrimonial disputes.

Bottom Line:

Decree of divorce granted on the grounds of cruelty and desertion - Persistent indifferent behavior of wife and abandonment of marital relationship without sufficient cause constitutes cruelty and desertion - Grant of one-time permanent alimony of Rs. 5,00,000/-.

Statutory provision(s): Hindu Marriage Act, 1955 Section 13(1), Family Courts Act, 1984 Section 19(1)

Smt. Sarita v. Hemlal Kaiwart, (Chhattisgarh)(DB) : Law Finder Doc Id # 2806496