'No Concern For Wife': Patna High Court Revokes Divorce Granted To Man Who Left House And Started Living At RSS Office

On Friday, the Patna High Court set aside a judgment of the family court granting a divorce decree in favour of the Husband as it noted that he had failed to prove the ground of cruelty purportedly committed by his wife against him.

The Court added that in fact, cruelty had been committed against the wife as the husband had left his house and started residing in the office of RSS.

In its 47-page judgment, the bench of Justice PB Bajanthri and Justice Jitendra Kumar found that no cruelty had been committed by the Wife towards the Husband. The Court also opined that it appeared that the husband did not have any concern for his wife.

"We further find that as per evidence of both the parties that the Appellant-Defendant-wife is still living in her matrimonial house along with her children and it is the husband, who left his house and is living in the office of RSS. We also find that the wife has never refused cohabitation, it is the husband who had stopped taking interest in her and he is not making efforts for cohabitation, because he has been living separately from her...As such, in the totality of the evidence on record, we find that no instance has been proved by the RespondentPlaintiff-husband, which may be construed as cruelty in the strict sense of the term as provided under Section 13 of the Patna High Court MA No.5 of 2018 dt. 25-08-2023 50/51 Hindu Marriage Act," the Court further remarked.

The Court was essentially dealing with an appeal filed by the wife under Section 19(1) of the Family Courts Act, 1984 challenging the October 2017 judgement of a Family Court in Nalanda whereby the Husband's petition, filed in 2012, under Section 13 of the Hindu Marriage Act praying for a decree of divorce had been allowed.

It was the case of the Husband (respondent before the HC and plaintiff before the family court) that both parties got married in July 1987 and out of their wedlock two sons were born (in 1991 and in 1998) and thereafter, his wife's attitude changed towards him. He also made several allegations against her including that she used to leave his house without any information, used filthy language against him and his mother and was not ready to cook food for them. It was further averred that there had been no cohabitation between them since 1999, hence the wife had deserted him and treated him with cruelty.

On the other hand, it was the case of the wife (Appellant before the HC and Defendant before the family court) that her husband had developed intimacy with some beautiful ladies, and on the objection raised by her, he used to beat her, give her electric current and that he was indifferent towards her and stopped taking interest in her. It was also claimed that on account of his political life as an active member of RSS and BJP, the local police station has gone in connivance with him and did not lodge a case against him. 

High Court's observations

Having analysed the evidence produced by both parties, the Court concluded that though the marital conflicts started appearing in the year 1999, the husband filed the divorce petition only in 2008, that is after a long gap of nine years.

In this regard, the Court said that if the allegations of the husband concerning cruelty committed by the wife were true, it was not explained by him as to why he waited for nine years to file the divorce petition on the grounds of cruelty.

"This circumstance goes against him making his claim of cruelty allegedly committed by the Appellant-Defendant-wife non-believable," the Court said.

Moreover, the Court also said that the evidence adduced by the son of the parties that up to 2006 the relationship between his mother and father was good and thereafter, his father did not wish to live with his mother and that he used to beat her, had rendered the case of the husband further "disbelievable".

"In view of the evidence that the relationship between the Husband and Wife was good prior to the year 2006, the case of the Husband that since 1999 the Wife/Appellant used to quarrel with him and was not ready to cook food for him falls on the ground," the Court observed. 

Further, noting that the wife had, all along, maintained that she wanted to live with her husband and she never refused cohabitation, the Court found no instance of cruelty purportedly committed by the wife against the husband.

The Court further discarded the allegations of the husband that his wife used to threaten him regarding lodging criminal cases or to kill him with the help of anti-social elements.

Consequently, the Court set aside the judgement passed by the Principal Judge, Family Court, Nalanda at Biharsharif and allowed the wife's appeal.

Case title - Nisha Gupta vs. Uday Chand Gupta

Case Citation: 2023 LiveLaw (Pat) 97

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