Court Recognizes Long Separation and Mental Cruelty as Sufficient Grounds for Dissolution of Marriage
In a significant judgment, the Madhya Pradesh High Court, Jabalpur Division Bench, has granted divorce to Kavita from Sudhakar Rao Sukhsohale, citing irretrievable breakdown of marriage and mental cruelty as the primary grounds. The judgment, delivered on January 23, 2026, overturns the previous decision of the Family Court in Betul, which had dismissed Kavita's application for divorce.
The case, First Appeal No. 238 of 2017, was presided over by Justices Vivek Kumar Singh and Ajay Kumar Nirankari. The court acknowledged the prolonged separation and absence of cohabitation between the parties, which had persisted since 2013, as indicative of a marriage that is unworkable and emotionally dead. The court emphasized that the dissolution of marriage in such cases should be exercised with great care and caution, but ultimately determined that the marriage between Kavita and Sudhakar Rao had indeed reached a point of no return.
The appellant, Kavita, married Sudhakar Rao on July 12, 2008, according to Hindu rites and customs. However, allegations of dowry demands, financial instability, and lack of cohabitation soon surfaced, leading Kavita to file for divorce under Section 13 of the Hindu Marriage Act, 1955. Despite efforts to reconcile, including a visit to her matrimonial home and attempts to sustain the marriage, the relationship deteriorated further, prompting Kavita to seek legal dissolution.
The court took into account the respondent's failure to maintain employment and the appellant's efforts to support her daughter independently, highlighting the financial instability and emotional distress as components of mental cruelty. The judgment cited precedents from various cases, including Samar Ghosh v. Jaya Ghosh and Shilpa Sailesh v. Varun Sreenivasan, which supported the notion that irretrievable breakdown and mental cruelty constitute valid grounds for divorce.
The Madhya Pradesh High Court's decision underscores the importance of recognizing the emotional and psychological toll of marital discord, advocating for complete justice to the parties involved. The judgment not only dissolves the marriage but also sets a precedent for similar cases where long separation and irreparable differences are evident.
Bottom Line:
Hindu Marriage Act, 1955 - Divorce granted on the ground of irretrievable breakdown of marriage and mental cruelty. Long separation and absence of cohabitation recognized as sufficient grounds for dissolution of marriage.
Statutory provision(s): Hindu Marriage Act, 1955 Section 13(1)(ia), Family Courts Act, 1984 Section 19
Kavita v. Sudhakar Rao Sukhsohale, (Madhya Pradesh)(Jabalpur)(DB) : Law Finder Doc id # 2843515
