The Allahabad High Court has granted divorce to a man after finding that his wife’s conduct in pressuring him to separate from his elderly widowed mother constituted mental cruelty. The Court also took into account the wife’s prolonged desertion of her husband and the unchallenged evidence supporting his allegations.
A Division Bench of Justices J J Munir and Indrajeet Shukla, in its September 21 order, set aside the family court’s decision rejecting the husband’s petition for restitution of conjugal rights or, alternatively, dissolution of the marriage.
The Court held that compelling a man to abandon his 68-year-old widowed mother, particularly when he was the only son of his parents, was sufficient to establish mental cruelty.
Court Finds Mental Cruelty Established
The High Court examined the husband’s allegations that his wife had repeatedly insisted on living separately from his mother. He also accused her of insulting his mother and threatening to implicate him in false criminal cases.
The Bench found that the husband’s version was supported by evidence that remained unchallenged, as the wife had not participated in the proceedings or cross-examined the witnesses.
According to the Court, the attempt to deprive an elderly widowed mother of her son’s companionship during the final years of her life amounted to cruelty towards the husband.
The judges noted that the wife had disregarded the husband’s position as the only son of his parents while insisting that he leave his mother.
The Bench also found no reason to reject the evidence concerning the pressure allegedly exerted on the husband to abandon his mother.
Wife’s Prolonged Absence Supported by Witnesses
The marital dispute arose after the wife allegedly left the matrimonial home in 2012. The husband maintained that she refused to return despite his efforts to restore their relationship.
He subsequently approached the trial court seeking restitution of conjugal rights, with divorce as an alternative relief.
During the proceedings, the wife did not appear to contest his allegations. According to the husband’s counsel, the trial court initially issued notice after registration of the petition, but the summons could not be served. The petition was eventually dismissed in ex parte proceedings.
The husband challenged that decision before the Allahabad High Court.
The High Court noted that the wife had not contested the matter either before the family court or during the appellate proceedings, despite service of notice.
Significantly, the Court relied on testimony from the wife’s own mother and brother, which supported the husband’s case concerning her prolonged separation from him.
Their statements, along with the other evidence on record, remained unchallenged.
Family Court’s Decision Set Aside
After examining the pleadings and oral evidence, the High Court concluded that the husband had established mental cruelty.
The Bench observed that the allegations and supporting testimony had not been subjected to cross-examination, leaving the evidence against the wife unrebutted.
It also considered the consequences of refusing matrimonial relief despite the circumstances established on record. The Court found that dismissing the husband’s petition would leave him in an uncertain marital position without benefiting either spouse.
Accordingly, the High Court allowed the husband’s appeal, overturned the family court’s judgment and granted a decree of divorce.
While dissolving the marriage, the Court clarified that the wife would remain entitled to pursue a claim for permanent alimony under the Hindu Marriage Act by filing an appropriate application.
