Chhattisgarh High Court Upholds Divorce Decree on Grounds of Cruelty and Desertion
Court Affirms Family Court's Decision, Awards Permanent Alimony to Wife Despite Her Higher Income
In a significant ruling, the Chhattisgarh High Court has upheld a divorce decree granted by the Family Court, Raipur, dissolving the marriage between Smt. Monika Tamrakar and Prashant Kumar Tamrakar on grounds of cruelty and desertion. The division bench, comprising Justices Smt. Rajani Dubey and Amitendra Kishore Prasad, dismissed the appeal filed by Smt. Monika Tamrakar challenging the Family Court's decision dated August 23, 2019.
The case revolves around allegations of cruelty and desertion made by the husband, Prashant Kumar Tamrakar, against his wife, Monika Tamrakar. The husband contended that his wife compelled him to live separately from his parents, used derogatory language, and abandoned the matrimonial home without justification. These allegations were corroborated by testimonies from the husband's family members and documentary evidence, including text messages from the wife.
The court found that the wife's conduct, which included insisting that her husband separate from his parents, amounted to mental cruelty within the context of Indian joint family values. Furthermore, the court noted that the wife had deserted her husband for over two years, satisfying the statutory requirements under Section 13(1)(ib) of the Hindu Marriage Act.
Despite the wife's efforts to contest the allegations and her pending application for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, the court determined that the evidence of cruelty and desertion was substantial. The court affirmed that a pending restitution application does not override established findings of cruelty and desertion.
In addition to affirming the dissolution of marriage, the court considered the issue of alimony. Despite the wife earning a higher monthly income of Rs. 46,941 compared to the husband's Rs. 35,000, the court awarded her a permanent alimony of Rs. 5,00,000. This decision took into account her responsibility to maintain and educate their 12-year-old son.
The court's judgment highlights the application of principles laid down in the Supreme Court case of Rajnesh v. Neha, ensuring that the financial responsibilities and circumstances of both parties were considered in determining alimony.
The Chhattisgarh High Court's decision underscores the legal recognition of emotional and mental well-being in marital relationships and reinforces the judiciary's role in protecting the rights of individuals in matrimonial disputes.
Bottom Line:
Divorce on grounds of cruelty and desertion-Compelling husband to live separately from parents considered cruelty within the Indian joint family context. Continuous desertion for over two years satisfies statutory threshold under Section 13(1)(ib) of the Hindu Marriage Act.
Statutory provision(s): Hindu Marriage Act, 1955 Sections 13(1)(ia), 13(1)(ib), Section 9; Code of Criminal Procedure, Section 125
Smt. Monika Tamrakar v. Prashant Kumar Tamrakar, (Chhattisgarh)(DB) : Law Finder Doc Id # 2784460
