Court upholds Family Court’s order, finding no cogent evidence of mental cruelty or animus deserendi; wife’s claim for return of stridhan also sustained.
The Chhattisgarh High Court has dismissed an appeal filed by a husband seeking divorce from his wife, holding that allegations of cruelty and desertion were not proved by “cogent and clinching evidence.” The Division Bench of Justice Parth Prateem Sahu and Justice Sachin Singh Rajput upheld the Family Court’s decision rejecting the divorce petition and allowing the wife’s application for return of her stridhan.
The appeal arose from a judgment of the Family Court, Janjgir-Champa, which had declined to dissolve the marriage under Section 13 of the Hindu Marriage Act, 1955. The husband had alleged that his wife treated him with hostility, threatened false criminal cases, frequently visited her parental home, and later refused to return to the matrimonial home. He also claimed that despite repeated efforts, she did not resume cohabitation.
The wife, however, denied the allegations and asserted that the husband had an illicit relationship with another woman, consumed alcohol, and neglected her medical care during pregnancy. She stated that she had gone to her parental home for treatment and that her family had repeatedly requested the husband and his relatives to take her back, but they failed to do so. She also pointed out that she had initiated domestic violence proceedings against the husband and his family.
After examining the pleadings and evidence, the High Court found that the husband had failed to establish the essential ingredients of cruelty or desertion. The court noted that the wife had consistently explained her stay at her parental home and that the evidence did not show any deliberate abandonment of the matrimonial relationship on her part. The Bench specifically held that the husband had not proved the required animus deserendi, which is necessary to establish desertion.
On the allegation of cruelty, the court referred to the Supreme Court’s decision in Samar Ghosh v. Jaya Ghosh, which lays down illustrative categories of mental cruelty. The Bench observed that none of the wife’s acts, as proved on record, could be brought within the scope of mental cruelty as recognized by law. Mere allegations, the court said, were insufficient without supporting evidence.
The court also upheld the Family Court’s order directing the husband to return the gifts and articles given by the wife’s parents as stridhan. It found no reason to interfere with the trial court’s appreciation of evidence.
Concluding that the Family Court’s judgment was based on proper appreciation of facts and law, the High Court dismissed the appeal without costs.
Bottom Line :
A decree of divorce cannot be granted on the grounds of cruelty and desertion if allegations made by the appellant/husband are not substantiated by cogent and clinching evidence.
Statutory provision(s): Section 13, Hindu Marriage Act, 1955; Section 27, Hindu Marriage Act, 1955; Section 19(1), Family Courts Act, 1984
Akash Ghosh v. Smt. Pooja Seet, (Chhattisgarh)(DB) : Law Finder Doc id # 2981427
