The Court cites consistent mental cruelty and 11-year separation as grounds for divorce, dismissing the wife's counterclaim for restitution of conjugal rights.
In a significant judgment, the Calcutta High Court has upheld a divorce decree on grounds of mental cruelty and irretrievable breakdown of marriage between Munmun Karmakar nee Ghosh and Abhishek Karmakar. The Division Bench comprising Justices Sabyasachi Bhattacharyya and Supratim Bhattacharya dismissed the wife's appeal against the divorce decree passed by the Family Court at Calcutta.
The court found the appellant-wife guilty of mental cruelty, underscoring her insistence on severing ties with her husband’s dependent widowed mother and unsupported allegations of molestation against the mother-in-law. The judgment noted that these actions amounted to cruelty as per Section 27(1)(d) of the Special Marriage Act, 1954. The Court emphasized that the wife’s conduct, including making baseless allegations of dowry demands and property misappropriation, caused mental agony to the husband, thereby constituting cruelty.
Furthermore, the court recognized the irretrievable breakdown of the marriage as a valid ground for divorce, pointing out that the parties had been living separately for over 11 years, with mediation attempts having failed. The Bench referenced the Supreme Court's stance in Rakesh Raman Vs. Kavita, where irretrievable breakdown was acknowledged as a form of cruelty under matrimonial laws.
The judgment also dismissed the wife's application to introduce additional evidence under Order XLI Rule 27 of the Civil Procedure Code, citing a lack of due diligence and relevance to the case. The appellant's application for restitution of conjugal rights was also rejected, with the court stating that the absence of a formal decree on this counterclaim did not vitiate the judgment.
The Court concluded by affirming the Family Court's divorce decree, dissolving the marriage, while allowing the appellant-wife the liberty to apply for permanent alimony in accordance with law.
Bottom Line:
Divorce decree upheld on grounds of mental cruelty and irretrievable breakdown of marriage. Allegations of cruelty substantiated through consistent conduct, while irretrievable breakdown recognized as cruelty under matrimonial laws.
Statutory provision(s): Special Marriage Act, 1954 Section 27(1)(d), Civil Procedure Code, 1908 Order XLI Rule 27
Munmun Karmakar nee Ghosh v. Abhishek Karmakar, (Calcutta)(DB) : Law Finder Doc id # 2965018
