The Madhya Pradesh High Court in its order dated March 29, 2022 has dissolved a marriage on an appeal filed by the husband alleging cruelty at the hands of his wife. While granting the divorce decree to the man, after he struggled to get justice for 15-years, the High Court observed,
A long-standing dispute itself is mental cruelty to a party who intends to live in a domestic relationship and peace.
Case:
Couple got married in 2004 and soon after their marriage, his wife started forcing her husband to change his house. The man gave into the pressures of his wife and parted way with his parents, only to live with his wife as a nuclear family for domestic peace.
Despite living separately, respondent/wife used to quarrel with appellant and left for her maternal home without any information. She allegedly did not take any interest in household work.
Two sons were born to the couple, out of which one was 14-years of age at the time of filing of the application (in high court) and another son passed away at the age of 3-years due to alleged negligence of respondent/wife.
The husband also alleged that his wife would constantly be on mobile speaking to someone for hours together with unknown persons during late night, and whenever intercepted, she reacted sharply, resulting in a verbal spat. The husband further said that his wife did not cooperate in cohabitation and always avoided him.
Mediation Proceedings
Husband also referred to certain mediation proceedings pertaining between 2009 to 2015 at Inderganj Police Station and the evidence from the same showed that all reconciliation proceedings had been of no avail.
Family Court
After hearing both sides, the Family Court in March 2019 had rejected husband’s plea seeking divorce on the ground that after the solemnisation of the marriage, he was constantly treated with cruelty by his wife.
After this order, the husband moved High Court challenging the same.
Madhya Pradesh High Court
The Bench of Justice Sheel Nagu and Justice Anand Pathak perused the documents submitted, allegations levelled (as contained in the appeal), divorce application, and affidavit to note that for a considerable period of time, the appellant (husband) and respondent (wife) had shared domestic incompatibility.
The Court also noted that it appeared from the pleadings that the respondent-wife, constantly, for more than fifteen years or so, caused irritation, threat, intimidation and avoiding cohabitation on the pretext or the other collectively, and this, the Court concluded, entitled the appellant to get the decree of divorce.
The High Court thus remarked,
When appellant specifically pleaded about the behaviour of respondent for last more than 15 years and different stages of dispute, reconciliation, and complaints from time to time were referred which indicate that both shared domestic incompatibility, it appears that for very long time parties shared domestic dispute and irritability and mental cruelty inflicted by the wife over her husband through her conduct and through her denial for cohabitation.
In absence of any cross-examination or rebuttal, allegations of appellant assume importance.
The high court also held that the Family Court had erred in rejecting the application for divorce preferred by the appellant, whereas the divorce decree ought to have been passed in the case.
Thus, the impugned judgment and decree dated passed by the Family Court, Gwalior was set aside and divorce was granted.
MDO Take:
- In India, we are prompt to point out social inequalities and injustice to wives, demanding several criminal and civil laws against husband and his family
- But when a husband suffers domestic abuse repeatedly over decades, the only recourse he has – to get out of such a poisonous relationship – is file for divorce on grounds of cruelty (civil case)
- It takes nothing less than 10-20 years for a man to get justice in all such cases
- Is it time India brings in Irretrievable Breakdown in Marriage law, where if either spouse contests divorce after 3-years of separation, divorce must be granted by default, so that both parties can move on in their respective lives and courts can be freed from these senseless ego battles
Leave your thoughts below:
READ ORDER | Wife Inflicted Mental Cruelty Through Her Conduct & Denial For Cohabitation: Madhya Pradesh HC Grants Divorce To Husband After 15Years
— Men’s Day Out (@MensDayOutIndia) April 11, 2022
MDO Take: More & more criminal & civil laws for Wives, but Men are left to fight for justice for decadeshttps://t.co/VcqTDPhrxv
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READ JUDGEMENT | Wife’s Refusal To Consummate Marriage Is Mental Cruelty; Madras HC Grants Divorce To Husband After 15-Years Of Separation
READ JUDGEMENT | Mere Demand For Separate House By Wife Not ‘Cruelty’: Karnataka HC Sets Aside Divorce Decree Despite Couple Being Separated Since 15YRS
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