Desertion and irretrievable breakdown of marriage, sustained for over two decades, constitute mental cruelty: Allahabad High Court Dissolves 34-Year-Old Marriage

In a recent judgment Allahabad High Court dissolved the 34-year-old marriage. The bench of Justices Saumitra Dayal Singh and Donadi Ramesh overturned a lower court’s dismissal of the divorce petition, citing irretrievable breakdown and desertion as sufficient grounds for granting divorce under the Hindu Marriage Act, 1955

XXX and XXX were married on February 26, 1990, with the 'Gauna' ceremony performed on December 4, 1992. They lived together intermittently, but their cohabitation ended in 1996, according to the appellant. The respondent claimed occasional visits to the matrimonial home until 2001. The couple has remained separated for 23 years, with their son, born in 1995, now an adult.

In 2001, Mahendra Prasad filed a divorce petition on grounds of cruelty and desertion. The Family Court dismissed the petition in 2004, finding insufficient evidence to support the allegations. The appellant appealed the decision, arguing that the prolonged separation constituted mental cruelty.

High Court’s Observations

1. Mental Cruelty and Desertion:
   The Court found the respondent’s refusal to cohabit with the appellant for over 23 years amounted to desertion and mental cruelty. Citing Rakesh Raman v. Kavita (2023) and Samar Ghosh v. Jaya Ghosh (2007), the Court reiterated:

“Prolonged separation without any effort to revive the matrimonial relationship constitutes cruelty. The refusal to cohabit reflects an irretrievable breakdown of the marriage.”

2. Dismissal of Cruelty Allegations Related to Conduct:
   The appellant alleged the respondent’s free-willed nature, lack of adherence to traditional customs, and verbal insults caused mental cruelty. The Court dismissed these claims, stating:

“Differences in perception and behavior do not constitute cruelty unless supported by concrete and legally recognized evidence.”

3. Irretrievable Breakdown of Marriage:
   The Court highlighted that the couple cohabited for only a few years and lived separately for over two decades, with no attempt at reconciliation by the respondent. This prolonged separation rendered the marriage a mere legal fiction, sustaining emotional cruelty.

4. Denial of Permanent Alimony:
   Both parties were found gainfully employed, and no alimony was sought. The Court noted that the couple’s son was an adult and self-sufficient, eliminating the need for financial provisions.

The High Court dissolved the marriage, citing irretrievable breakdown and desertion as sufficient grounds for divorce under Section 13(1)(ia) of the Hindu Marriage Act. The judgment emphasized the need to avoid prolonging marital relationships devoid of substance, stating:

“Keeping the façade of this broken marriage alive would perpetuate cruelty on both sides, undermining the purpose of the law.”

The Court set aside the 2004 Family Court order, allowing the appeal and dissolving the marriage effective immediately.

Date of Decision: December 10, 2024