Prayagraj/Jalna: The Allahabad High Court has granted a husband a divorce after examining evidence that his wife repeatedly pressured him to live apart from his elderly widowed mother. The ruling underscores that mental cruelty in matrimonial disputes must be assessed on the facts and evidence of each case.
What happened in the case?
The husband alleged that his wife insisted he separate from his 68-year-old widowed mother, insulted her and threatened false criminal proceedings. The court also considered the couple’s prolonged separation and testimony that remained unchallenged. Evidence from the wife’s mother and brother supported aspects of the husband’s case concerning their separation.
What the court decided
A division bench of Justices J. J. Munir and Indrajeet Shukla overturned the family court’s ruling and granted a decree of divorce. The court also left open the wife’s right to seek permanent alimony through an appropriate application under the Hindu Marriage Act.
Advocate Mahesh Dhannawat’s perspective
Proposed comment attributed to Advocate Mahesh Sitaram Dhannawat, B.Com., LL.M., Jalna: “Marriage does not end a person’s responsibilities towards elderly parents. The dignity and rights of both spouses must be respected. Caring for ageing parents and maintaining a healthy marriage require balance, and every matrimonial dispute must be decided on its own facts and evidence.”
Legal context: The judgment does not mean that every request to live separately automatically constitutes mental cruelty. The findings were specific to the evidence before the court.
Original report: Law Trend
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