Chhattisgarh High Court Upholds Divorce on Grounds of Cruelty and Infertility; Awards Alimony to Wife

The court grants divorce citing cruelty and inability to conceive, orders Rs. 5,00,000 as permanent alimony for the wife's future sustenance.

In a significant ruling, the Chhattisgarh High Court dismissed an appeal against a divorce decree granted by the Family Court, Kawardha, in favor of Brijbhushan Choubey, also known as Ajay Choubey, against his wife, Smt. Hemlata Choubey. The divorce was initially granted on the grounds of cruelty and the wife's inability to conceive, as stipulated under Section 13(1)(ia) of the Hindu Marriage Act, 1955.

The bench, comprising Justices Smt. Rajani Dubey and Amitendra Kishore Prasad, upheld the Family Court's decision dated March 16, 2022, which found no illegality or irregularity in the decree of divorce. The court observed that the evidence presented, including medical reports and testimonies, substantiated the husband's claims of cruelty and the wife's infertility, which were pivotal in the dissolution of their marriage solemnized in 2015.

Despite arguments from the appellant's counsel contesting the Family Court's findings, the High Court found no merit in the appeal. The appellant claimed that the family was abusive and that her infertility was a temporary condition, supported by medical advice for treatment and yoga. However, the court noted the lack of any substantive evidence or medical certificates to support her claims of recovery or to refute the allegations of cruelty.

In a bid to ensure fairness and justice, the High Court directed the respondent, Brijbhushan Choubey, to pay a one-time alimony of Rs. 5,00,000 to Hemlata Choubey. This amount, determined considering the socio-economic status of both parties, is intended to cover all pending and future claims of the wife, ensuring her financial security post-divorce. The respondent is mandated to settle this amount within four months.

This judgment draws attention to the critical balance courts must maintain between marital obligations and individual rights, especially in matrimonial disputes involving allegations of cruelty and infertility.

Bottom Line:

Hindu Marriage Act - Decree of divorce granted on grounds of cruelty and inability to conceive. Permanent alimony of Rs. 5,00,000/- awarded to wife as one-time settlement to meet the ends of justice.

Statutory provision(s): Hindu Marriage Act, 1955 Section 13(1)(ia), Hindu Marriage Act, 1955 Section 25

Smt. Hemlata Choubey v. Brijbhushan Choubey @ Ajay Choubey, (Chhattisgarh)(DB) : Law Finder Doc Id # 2819894