Husband's 'Fault in Not Allowing Wife to Reside with Him' – Divorce Petition Dismissed – Chhattisgarh High Court

The High Court of Chhattisgarh, Bilaspur, in a landmark judgment, dismissed a divorce appeal filed by the appellant, Mr. Ravishankar Shrivas, against his wife, Smt. Sarita Sen. The Court observed that the husband was at 'fault in not allowing his wife to reside with him,' thereby ruling in favor of the wife.

On 25th September 2023, Hon'ble Shri Goutam Bhaduri & Hon'ble Shri Deepak Kumar Tiwari, JJ delivered a judgment that has set a precedent on what constitutes valid grounds for divorce in marital disputes. The appellant/husband had initially filed for divorce on the basis of cruelty and desertion, a plea which had been dismissed by the Judge, Family Court, Janjgir on 28th June 2019. Unhappy with the decision, Mr. Shrivas approached the High Court.

The judges highlighted that Mr. Shrivas himself had 'refused to allow his wife to reside with him at the place of his posting,' and had provided no reasonable justification for doing so. The Court cited the counseling proceedings from 13th October 2010, where Mrs. Sen had expressed a desire to reside with her husband, but the appellant himself did not agree for the same.

"Admittedly, the appellant/husband himself refused to allow his wife to reside with him at the place of his posting and he has not stated any reason therefor," observed the Court. In light of these facts, the Court found that the appellant had failed to prove that he was treated with cruelty, and that the ground of desertion was also not proved.

Quoting from the Supreme Court's illustrative instances for mental cruelty in the case of Samar Ghosh Vs. Jaya Ghosh, the judges found none of the conditions met in the case at hand.

The Court hence dismissed the divorce appeal, adding that "mere assertion in the plaint that the wife is residing separately since December 2009, for any sufficient cause, is not found to be proved."

This judgment serves as a crucial reminder that both parties in a marriage have obligations and responsibilities, and one cannot easily lay blame on the other without self-examination. Legal experts predict that the ruling will influence future cases on marital disputes, particularly those involving claims of cruelty and desertion.

Date of Decision: 25.09.2023

Ravishankar Shrivas  vs Smt. Sarita Sen