Madhya Pradesh High Court Upholds Divorce Decree on Grounds of Cruelty and Adultery

Court affirms Family Court's decision, dismisses appeal by wife challenging the findings on cruelty and adultery.

In a significant judgment, the Madhya Pradesh High Court at Jabalpur upheld the Family Court's decision to dissolve the marriage between Smt. Ekta Nigam and Shekhar Nigam on the grounds of cruelty and adultery. The division bench, comprising Justices Vishal Dhagat and B.P. Sharma, dismissed the first appeal filed by Ekta Nigam, challenging the Family Court's decree dated January 6, 2017, which granted a divorce to Shekhar Nigam.

The court found that the Family Court correctly assessed the evidence, which included electronic evidence such as chats, emails, and photographs, establishing the appellant's extramarital relationship. Despite the appellant's contention that the electronic evidence was fabricated through a key-logger software installed by the respondent, the High Court ruled that the evidence was admissible under the Family Courts Act, 1984, which allows for a broader scope of admissible evidence compared to the Indian Evidence Act.

The judgment detailed the matrimonial cruelty inflicted by the appellant through false allegations and frivolous complaints under various legal provisions, including the IPC and the Domestic Violence Act. The court noted that these actions amounted to mental cruelty against the respondent and his family.

In terms of financial reliefs, the High Court upheld the Family Court's decision to deny permanent alimony to the appellant due to her proven adultery. However, it confirmed the maintenance award of Rs. 5,000 per month for the couple's minor child and a lump sum of Rs. 3,00,000 as stridhan, considering the parties' standard of living and social status.

The court emphasized that the standard of proof in matrimonial cases is the preponderance of probabilities rather than beyond a reasonable doubt, and the evidence presented was sufficient to support the findings of adultery and cruelty. The appeal was dismissed, with the court maintaining the Family Court's incidental directions regarding the minor child's maintenance and other reliefs.

Bottom Line:

Divorce decree affirmed on grounds of cruelty and adultery. False allegations, frivolous criminal complaints, and evidence of an extramarital relationship constitute matrimonial cruelty and adultery. Appellant's claim for permanent alimony rightly rejected due to proven adultery, and stridhan amount awarded appropriately.

Statutory provision(s): Hindu Marriage Act, 1955 Section 13(1)(ia), 13(1)(i), Family Courts Act, 1984 Section 14, Indian Penal Code Section 498A, Dowry Prohibition Act, Protection of Women from Domestic Violence Act, Code of Criminal Procedure Section 125.

Smt. Ekta Nigam v. Shekhar Nigam, (Madhya Pradesh)(Jabalpur)(DB) : Law Finder Doc Id # 2820796