On Friday, the Patna High Court overturned a family court ruling granting the divorce decree in favor of the husband, noting that he had failed to prove the cause of the alleged cruelty committed by his wife against him. The court added that, in fact, the cruelty was committed against the wife as the husband left his house and started residing in the RSS office.
Friday, Patna Supreme Court Overturning the family court’s ruling granting a divorce judgment in favor of the husband because he indicated that he had failed to prove the cause of his wife’s alleged cruelty against him.
The court added that the cruelty had in fact been committed against the wife because the husband had left his home and started residing in the RSS office.
In its 47-page ruling, the panel decided Justice P.B. Baganthari and Justice Jitendra Kumar It was found that no cruelty was committed by the wife towards the husband. The court also held that it appeared that the husband had no interest in his wife.
“We also find that according to the evidence of both parties, the appellant and the defendant wife are still living in the matrimonial home with her children and it is the husband who has left his home and is living in the RSS office. We also find that the wife never refused cohabitation, rather it was the husband who stopped caring for her, and he did not make any effort for cohabitation, because he was living separately from her… As such, in the whole matter of the recorded evidence, we find that it has not been proven Any case by the spouse of the plaintiff-defendant, which can be construed as cruelty in the strict sense of the term as laid down in Article 13 of Patna High Court MA No. 5 of 2018 dt. 25-08-2023 50/51 Hindu Marriage ActThe court also noted.
The court was mainly dealing with the appeal filed by the wife under Section 19(1) of the Family Courts Act 1984 Challenging the October 2017 judgment of the Nalanda Family Court as the husband’s petition was filed in 2012 under Section 13 of the Hindu Marriage Act It was allowed to pray for the judgment of divorce.
This has been the case Spouse (defendant before the Supreme Court and plaintiff before the Family Court) That the two parties got married in July 1987 and had two children out of wedlock (in 1991 and 1998), after which his wife’s attitude towards him changed. He also made several accusations against her, including that she was leaving his house without any information, used foul language against him and his mother, and was not ready to cook food for them. It was also confirmed that there had been no cohabitation between them since 1999, and therefore the wife abandoned him and treated him harshly.
On the other hand, it was so Wife (appellant before the Supreme Court and defendant before the Family Court) That her husband established an intimate relationship with some beautiful women, and against her objection he used to beat her and give her electric current, and that he did not care about her and stopped caring about her. It was also alleged that due to his political career as an active member of the RSS and BJP, the local police station colluded with him and did not file a case against him.
Supreme Court notes
After analyzing the evidence submitted by both parties, the court concluded that although marital differences began to appear in 1999, the husband did not apply for divorce until 2008, that is, after a long break of nine years.
In this regard, the court said that if the husband’s allegations of cruelty committed by the wife were true, it did not explain to him why he had waited nine years to file for divorce on the grounds of cruelty.
“This circumstance is inconsistent with rendering implausible his claim of the cruelty which the appellant-defendant-wife committedsaid the court.
Moreover, the court also said that the evidence provided by the son of the two parties indicated that the relationship between his mother and father was good until 2006, after which his father did not want to live with his mother and was beating her, he made the case of the husband “unbelievable”.
“Since it was evidence that the relationship between husband and wife was good before 2006, the case of the husband with whom the wife/appellant had been quarreling since 1999 and was not willing to cook for him fell to the court. my landThe court noted.
Furthermore, the court noted that the wife insisted throughout her desire to live with her husband and never refused cohabitation, nor did the court find any case of cruelty allegedly committed by the wife against the husband.
The court also denied the husband’s allegations that his wife was threatening him with regard to filing criminal cases or killing him with the help of anti-social elements.
Consequently, the court overturned the ruling of the Chief Judge, Family Court, Nalanda in Biharsharev and allowed the wife’s appeal.
Case title – Nisha Gupta vs Uday Chand Gupta
Status quote: 2023 Live Law (PAT) 97