No proof, no divorce: Telangana HC rejects husband’s plea

Hyderabad: The Telangana High Court has dismissed an appeal filed by a man seeking divorce from his wife on the grounds of cruelty. A division bench comprising Justice K Lakshman and Justice K Sujana delivered the judgment on November 6.

Husband makes multiple allegations against wife

Earlier, the husband approached the Family Court seeking dissolution of his marriage under Section 13(1)(ia) of the Hindu Marriage Act, 1955, alleging cruelty by his wife.

According to his petition, the couple married in 1992 through the Udiki form of marriage and had three sons.

He claimed that he worked in Saudi Arabia, Dubai and Iraq to support his family and regularly sent money to his wife for household expenses. According to him, she often visited her parents’ house, quarrelled with family members and did not give details of how the money was spent.

The husband also accused his wife of having an illicit relationship with a man, saying their elder son had caught the two together. He said she then tried to end her life by pouring kerosene on herself.

In May 2010, he said, his wife left home with cash and gold ornaments without informing him. He further alleged that in August 2010 she and her relatives entered his house and assaulted him, his elder son and a distant relative.

However, the wife denied the allegations and told the Family Court that her husband had filed the divorce petition to get rid of her.

After listening to arguments from both sides, the Family Court dismissed the divorce petition in 2015. Appealing against the decision, the husband approached the High Court.

High Court finds lack of evidence to support allegations

The High Court observed that the husband had failed to produce sufficient evidence to establish the alleged illicit relationship.

The court also noted that the husband had not examined the witnesses who could have supported his claims regarding the alleged assault on his relatives and the removal of gold ornaments.

Regarding the money allegedly sent to his wife while working abroad, the bench said that the bank passbook alone was insufficient to establish his claims.

The court further pointed out that the husband had filed the divorce petition only on the ground of cruelty. He had not sought divorce on the grounds of adultery.

Court explains how cruelty is assessed in divorce cases

The bench observed that cruelty in matrimonial disputes cannot be judged using a single definition. It depends on several factors, including the couple’s upbringing, education, family and cultural background, financial position, social status and personal values.

Referring to earlier Supreme Court judgments, the High Court said that cruelty could be physical or mental, intentional or unintentional. Courts must examine the overall behaviour of both partners and the circumstances of each case.

The judgment also referred to the Supreme Court’s observation that cruelty must be distinguished from the normal difficulties and disagreements that occur in family life.

The bench said that a person seeking divorce on the ground of cruelty must establish the allegations through reliable evidence.

After examining the evidence and the arguments, the bench found no valid reason to interfere with the Family Court’s decision.

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