LI Network
Published on: December 28, 2023 at 11:50 IST
In a recent ruling, the Allahabad High Court emphasized that the cause of action to seek divorce arises once cruelty is proven.
The Court, presided over by Justice Saumitra Dayal Singh and Justice Shiv Shanker Prasad, further highlighted that in cases of cruelty, it is imperative for the court to consider additional circumstances before issuing an order to restore the marital relationship.
The Court stated, “Once cruelty is found committed, the cause of action to seek divorce does arise. How the parties may conduct themselves thereafter may remain a relevant factor. Yet, no rule of law may dictate to the Court to pass an order to restore the matrimonial relationship between the parties without looking into the other attending circumstances.”
The appellant-husband approached the High Court to challenge the decision of the Principal Judge, Family Court, Etawah, which had granted a dissolution of his marriage at the behest of the respondent-wife.
The Court noted that the respondent-wife had sought the dissolution of the marriage on grounds of cruelty. During the proceedings, close relatives of the appellant-husband supported the claims made by the respondent-wife. Statements were presented indicating that the appellant’s father had excluded him from his will due to his objectionable behavior.
“In a summary consideration of the appeal, we first find the respondent had been able to prove his case of cruelty committed upon the occurrence of repeated physical assault to force the respondent to either leave her government job and/or to give money to the appellant. While no more proof was required to establish the cruelty caused, the defense witnesses who are close family members of the present appellant clearly corroborated the allegation of bad character of the appellant by stating, owing to such bad character and conduct of the appellant, his father excluded him from his Will.”
The Court affirmed that the lower court had not erred in dismissing the appellant-husband’s submission to restore the marriage under the condition of him not raising dowry demands.
It concluded, “The acts of cruelty were not sporadic or singular as may have warranted any further consideration.” Consequently, the court upheld the established act of cruelty and dismissed the appeal filed by the appellant-husband.
Case Title: Hemsingh @ Tinchu v. Smt. Bhawna [FIRST APPEAL No. – 1360 of 2023]