Madhya Pradesh High Court Dissolves Marriage Over Desertion and Cruelty Claims

Court Cites False Allegations and Lack of Reconciliation Efforts in Granting Divorce Petition

In a notable judgment, the Madhya Pradesh High Court at Jabalpur has dissolved the marriage between Abhisheikh Shrivastava and Smt. Dipika Khare, citing grounds of desertion and cruelty. The division bench comprising Justices Vishal Dhagat and Anuradha Shukla overturned an earlier decision by the Principal Judge Family Court, Satna, which had dismissed Shrivastava's divorce petition. 

The court found that Smt. Dipika Khare had deserted her husband without reasonable cause and had made false allegations of dowry harassment and a second marriage by the husband, which constituted mental cruelty under the Hindu Marriage Act, 1955. The couple, married in 2008, had been living separately since 2012 with no attempts at reconciliation.

The judgment highlighted that allegations made by Khare were unsupported by evidence, including police reports or complaints, and were found to be defamatory. The court emphasized the importance of mutual trust in a marriage and concluded that the false accusations impaired this trust, justifying the grant of divorce.

The decision also took into account the respondent's absence during the appeal proceedings, which left the appellant's submissions uncontested. The court's ruling underscores the legal ramifications of unsubstantiated allegations within matrimonial disputes and sets a precedent in favor of evidence-based claims.

Bottom Line:

Divorce petition - Grounds of desertion and cruelty established - False allegations of dowry harassment and solemnization of second marriage constitute mental cruelty - Appeal allowed, marriage dissolved.

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

Abhisheikh Shrivastava v. Smt. Dipika Khare, (Madhya Pradesh)(Jabalpur)(DB) : Law Finder Doc Id # 2804223