Court upholds Family Court order, holding that husband failed to prove “grave and weighty” conduct necessary for divorce under the Hindu Marriage Act.
The Jharkhand High Court has dismissed an appeal filed by a husband seeking divorce on the ground of mental cruelty, holding that the wife’s frequent visits to her parental home and her wish that the husband live with her as a gharjamai, by themselves, do not constitute cruelty under matrimonial law.
A division bench of Justice Sujit Narayan Prasad and Justice Sanjay Prasad upheld the Family Court’s order dated 16 July 2022, which had rejected the husband’s divorce petition under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.
According to the husband, the marriage was solemnized in 2008 and the couple had a daughter. He alleged that after some years, his wife repeatedly went to her parental home in Patna and insisted that he leave his aged and ailing parents and live with her family as a gharjamai. He claimed this caused him mental pressure, social stigma, and cruelty, and therefore he was entitled to divorce.
The wife did not appear before the trial court despite service of notice, and the case proceeded ex parte. However, the Family Court found that the husband had failed to prove cruelty. In appeal, the High Court reappreciated the evidence and agreed with that finding.
The bench reiterated that cruelty in matrimonial law must be “grave and weighty” conduct, more serious than ordinary wear and tear of married life. Trivial irritations, temperamental differences, or incompatibility cannot justify divorce. The court observed that visiting one’s parental home is a normal right of a married woman and cannot be treated as cruelty. It also held that a mere wish by the wife that the husband live as gharjamai, without compulsion or force, does not amount to cruelty.
The court further noted that the husband had not produced evidence showing any coercion, grave misconduct, or conduct that would create a reasonable apprehension that living with the wife would be harmful or injurious. The bench therefore concluded that the Family Court’s decision was based on proper appreciation of evidence and was not perverse.
Dismissing the appeal, the High Court said no interference was warranted with the Family Court’s judgment. It also acknowledged the assistance rendered by the amicus curiae appointed for the respondent.
Bottom Line :
Hindu Marriage Act - Divorce on ground of cruelty - Mere frequent visits by wife to her parental home and her wish that husband should live as Gharjamai do not by themselves constitute mental cruelty - In absence of proof of grave and weighty conduct, decree of divorce cannot be granted.
Statutory provision(s): Section 19, Family Courts Act, 1984, Section 13(1)(i-a), Hindu Marriage Act, 1955
Rahul Choubey v. Poonam Pathak, (Jharkhand)(DB) : Law Finder Doc id # 2982757
