Prayagraj: The Allahabad High Court has rejected a husband's argument that his wife’s non-observance of 'parda' (veil) could justify a divorce on the grounds of mental cruelty. The ruling came from a bench comprising Justices Saumitra Dayal Singh and Donadi Ramesh, who were hearing an appeal filed by the husband against the dismissal of his divorce petition on the grounds of mental cruelty and desertion.
The court, while addressing the issue of cruelty, refused to accept the husband’s defence that his wife’s independent actions such as going to the market and interacting with others without wearing the veil constituted mental cruelty.
“The act of the wife being free-willed or a person, who would travel on her own or meet up with other members of the civil society without forming any illegal or immoral relationship, may not be described as an act of cruelty committed, in these facts,” it said.
The court further emphasized that both the husband, a qualified engineer, and the wife, a government teacher, were well-educated. The justices noted that differences in personal perceptions and behaviors could lead to misunderstandings, but such differences, without substantial evidence, could not be regarded as legal grounds for cruelty.
The court also upheld the family court's decision to dismiss the husband's claims of insults caused by the wife, as he failed to provide specifics about the alleged incidents or to substantiate them with evidence. In addition, the husband’s allegation that his wife was involved in an immoral relationship with a person identified as ‘Punjabi Baba’ was dismissed for lack of conclusive proof or credible evidence.
However, the Allahabad High Court acknowledged that the wife’s prolonged desertion could potentially qualify as mental cruelty. The court found that her refusal to cohabit with the husband and her lack of effort to seek reconciliation or restitution of conjugal rights amounted to desertion of a degree that could lead to the dissolution of the marriage.
The ruling further noted that, given both parties were gainfully employed and their child, now 29 years old, remained in the wife’s custody, there was no need for permanent alimony or financial support.
The Allahabad High Court allowed the dissolution of the marriage based on the wife’s desertion, affirming that a lack of cohabitation and efforts to revive the marital relationship could lead to the termination of the marriage.
With PTI inputs