Allahabad High Court Grants Divorce on Grounds of Mental Cruelty and Breakdown of Marriage
Date: 16th May 2023
In a significant judgment, the Allahabad High Court has granted a divorce decree to the appellant, Ravindra Pratap Yadav, on the grounds of mental cruelty and a complete breakdown of the marriage. The judgment was delivered by Justice Suneet Kumar and Justice Rajendra Kumar-IV.
The case pertained to a divorce petition filed by Ravindra Pratap Yadav under Section 13 of the Hindu Marriage Act, 1955, challenging the dismissal order passed by the Principal Judge of the Family Court, Varanasi. The appellant alleged mental cruelty, long desertion, and a divorce agreement reached in a community Panchayat.
According to the appellant’s case, serious problems arose in the marriage shortly after the “Gauna” ceremony. The respondent, Smt. Asha Devi, refused to live with him as his wife and displayed apathy and inhuman conduct. The appellant made several attempts to reconcile, but the respondent’s behavior remained unchanged. The appellant further claimed that the respondent had entered into a second marriage with another person. Based on these allegations, the appellant sought a divorce decree.
The court below dismissed the case, citing the lack of admissible evidence and the absence of proof regarding the respondent’s second marriage. However, the High Court, after examining the uncontroverted evidence presented by the appellant, criticized the lower court’s hyper-technical approach and held that the conduct of the respondent amounted to mental cruelty.
The High Court referred to previous judgments and observed that denying a spouse sexual intercourse without sufficient reason itself amounts to mental cruelty. It further enumerated illustrations of mental cruelty, emphasizing that a sustained course of abusive and humiliating treatment, indifference, neglect, and refusal to have intercourse without valid reason can lead to mental cruelty.
The High Court concluded that the appellant had established a case of mental cruelty and a complete breakdown of marriage. Accordingly, it set aside the impugned order of the Family Court and granted the divorce decree to the appellant.
The judgment highlights the importance of considering the overall conduct and effects on mental health in cases of alleged mental cruelty. It emphasizes that a spouse cannot be compelled to continue a marital relationship if it has ceased to exist in reality.
D.D.:- 16.05.2023
Ravindra Pratap Yadav vs Smt. Asha Devi And Others
