Mere Allegation of Cruelty Not Enough For Divorce: Allahabad HC

An appeal was filed before the Allahabad High Court against the order of the Family Court where a divorce petition filed by the husband was allowed. 

The order of the Family Court was set aside by the High Court because the husband was unable to prove the allegations of cruelty levelled against his wife.

Allegations made by the parties

The husband alleged that their marriage started on a good note, and the couple lived in harmony for a few years after the marriage.

A child was also born out of wedlock, and the family continued to live peacefully.

It is alleged that after some time, the wife started demanding to live separately and refused to do the household chores. 

It was also alleged that she was constantly talking on the phone with a Unknown person. 

When the husband used to question her, the wife used to start fighting.

However, the wife has stated that she was tortured and harassed for dowry
and was even thrown out of her matrimonial home.

As per the wife’s statement, her husband was having an affair with a married woman
and was leading an adulterous life.

Parties file a petition for mutual divorce.

Unable to reconcile, the parties filed a petition for mutual divorce before the Family Court,
but the same was withdrawn due to pressure from family and relatives.

Husband files for divorce on the grounds of cruelty

Petitioner( husband) in the case had alleged that the wife had not coexisted with him for the past six years and there was no chance for reconciliation.

Respondent (wife) denied the claims made by the husband and stated that she was always and is still ready to live with her husband.

Learned Family Court went through all the facts in the case and allowed the Divorce petition.

Aggrieved, the wife filed the instant first appeal.

Mere Allegation of Cruelty Not Enough For Divorce: Allahabad High Court

After a careful reading of the judgement of the Family Court, the Hon’ble Allahabad High Court observed that
the husband had repeated the same story that he had put forward before the Family Court but was not able to
produce any evidence or witness to support his claim.

It was further observed that the Family Court failed to consider the allegations made by the wife,
stating that she was harassed for dowry because of which an FIR was also filed.

After the perusal of the evidence, the Hon’ble Judge opined that the wife was ready and willing to live with the husband,
but she was deserted and neglected.

The Court held that because the Family Court failed to consider the allegations made by the wife and the fact that it was
clear that she was willing to live with the husband but was deserted by the husband,
the order passed by the Family Court should be set aside.

Accordingly, the appeal filed by the wife was allowed, and the divorce petition filed by the husband was dismissed.

Case Details:-

Title: Neelam Devi vs Vikas Singh

Case No.: FIRST APPEAL No. – 305 of 2017

Date of Order: 15.10.2020

Coram: Hon’ble Justice S.K Gupta and Hon’ble Justice V.C Dixit

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