Divorce : Cruelty : Repeated complaints and quarrels causing mental agony to husband - Decree of divorce justified.

Chhattisgarh High Court Upholds Divorce Decree on Grounds of Cruelty and Desertion Smt. Leela Verma awarded Rs. 10 lakh as permanent alimony; maintenance of Rs. 9,000 per month upheld

In a significant ruling, the Chhattisgarh High Court has upheld the decree of divorce granted by the Family Court in favor of Mr. Heeralal Verma, against his wife, Smt. Leela Verma, on grounds of cruelty and desertion under the Hindu Marriage Act, 1955. The division bench comprising Justices Smt. Rajani Dubey and Amitendra Kishore Prasad delivered the judgment on October 17, 2025, in the case of Smt. Leela Verma v. Heeralal Verma.

The appellant, Smt. Leela Verma, had challenged the Family Court's decision, asserting that the divorce was unjustly granted. However, the High Court found substantial evidence supporting the claims of cruelty and desertion. The Court noted that the couple had been living separately since 2009, with the appellant continuing to reside in a house allotted to the respondent by the Bhilai Steel Plant, while the respondent lived in separate rented accommodation.

The Court observed that the appellant had repeatedly lodged complaints against the respondent, leading to mental agony and a breakdown of marital relations. It was established that the appellant had subjected the respondent to cruelty through repeated quarrels and false accusations, affecting his mental peace and social standing.

The bench also considered the appellant's claims for maintenance and alimony. The Court upheld the existing maintenance order of Rs. 9,000 per month and directed a lump sum payment of Rs. 10 lakh as permanent alimony to the appellant, taking into account the social status, reasonable needs, and circumstances of the case.

This judgment draws on precedents set by the Supreme Court, defining cruelty in matrimonial disputes as conduct causing mental pain and suffering, rendering cohabitation intolerable. The Court emphasized that the continuous separation and lack of matrimonial cohabitation since 2017 further substantiated the ground of desertion.

The ruling underscores the judicial consideration of mental cruelty and desertion in matrimonial cases, reiterating the importance of evidence in establishing the breakdown of marital relations. The case references several landmark judgments, including those from the Supreme Court, that shaped the interpretation of cruelty and desertion under the Hindu Marriage Act.

Statutory provision(s): Sections 13(1)(ia), 13(1)(ib), and 25 of the Hindu Marriage Act, 1955.

Smt. Leela Verma v. Heeralal Verma, (Chhattisgarh)(DB) : Law Finder Doc Id # 2796581