In a landmark ruling, the court affirms mental cruelty due to false allegations and irretrievable separation, dismisses wife's appeal for permanent alimony.
The Calcutta High Court has upheld a divorce decree granted to Inder Singh Hura against his wife, Saranjit Kaur (Hura), confirming that mental cruelty was inflicted through false allegations and baseless criminal complaints. The judgment, delivered on April 6, 2026, by Justices Sabyasachi Bhattacharyya and Supratim Bhattacharya, emphasizes the recognition of irretrievable breakdown of marriage as a contributing factor to mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
The court reviewed extensive evidence and testimonies that highlighted false accusations made by the wife against the husband, which included claims of physical abuse and attempts to set fire to her and their child. These allegations, unsupported by evidence, were deemed as acts of mental cruelty that justified the divorce. Furthermore, the court noted that the parties have lived separately for over 17 years, establishing irretrievable breakdown as an additional factor supporting the decree.
The appeal filed by the wife challenged the trial court's decision, arguing that cruelty was not proven and that irretrievable breakdown is not recognized as a statutory ground for divorce under Hindu law. However, the High Court, referencing several precedents including the Supreme Court's judgment in Rakesh Raman v. Kavita, reiterated that irretrievable breakdown indeed constitutes mental cruelty, thereby validating the divorce decree.
On the issue of permanent alimony, the court found that no application was filed by the wife at any stage, either in the trial or appellate courts. It emphasized that alimony cannot be granted suo moto without an application and supporting materials. Nonetheless, the court granted liberty to the wife to file an application for permanent alimony after the judgment, allowing a competent civil court to decide the matter as per Section 25 of the Hindu Marriage Act.
This ruling underscores the evolving interpretation of mental cruelty in matrimonial disputes, recognizing irretrievable breakdown as a legitimate factor underlining the impossibility of conjugal life resumption. The judgment provides clarity on the procedural requirements for seeking alimony, reaffirming the necessity of formal applications and evidence submissions.
The appeal stands dismissed, affirming the trial court's decision, with the wife permitted to pursue alimony through a proper application in the future.
Bottom Line:
Divorce on grounds of cruelty - Mental cruelty includes false allegations against the character of the spouse and baseless criminal complaints causing harassment. Irretrievable breakdown of marriage, though not an independent statutory ground, can constitute mental cruelty under Section 13(1)(ia) of the Hindu Marriage Act.
Statutory provision(s): Section 13(1)(ia) of the Hindu Marriage Act, 1955; Section 25 of the Hindu Marriage Act, 1955; Article 141 of the Constitution of India; Article 142 of the Constitution of India; Section 498A of the Indian Penal Code.
Saranjit Kaur (Hura) v. Inder Singh Hura, (Calcutta)(DB) : Law Finder Doc id # 2878428
