Cause Of Action To Seek Divorce Arises Once Cruelty Is Found To Be Committed: Allahabad High Court

The Allahabad High Court has held that Once cruelty is found committed, the cause of action to seek divorce does arise. The Court added that in cases of cruelty, the Court should look into other attending circumstances before passing an order to restore the marital relationship.

The bench comprising Justice Saumitra Dayal Singh and Justice Shiv Shanker Prasad held

“Once cruelty is found committed, the cause of action to seek divorce does arise. How the parties may conduct themselves thereafter, may remain a relevant factor. Yet, no rule of law may arise as may dictate to the Court to pass an order to restore the matrimonial relationship between the parties, without looking into the other attending circumstances.”

Appellant-husband approached the High Court against the order of the Principal Judge, Family Court, Etawah dissolving his marriage at the instance of respondent-wife.

The Court observed that the respondent-wife had sought dissolution of marriage on grounds of cruelty. Before the Court below, close relatives of the appellant-husband had corroborated the allegations made by the respondent-wife. Statements were made to the effect that the father of the appellant had ousted him from his will due to his poor conduct.

“In a summary consideration of the appeal, we first find, the respondent had been able to prove his case of cruelty committed upon the occurrence of repeated physical assault to force the respondent to either leave her government job and / or to give money to the appellant. While no more proof was required to establish the cruelty caused, the defence witnesses who are close family members of the present appellant clearly corroborated the allegation of bad character of the appellant by stating, owing to such bad character and conduct of the appellant, his father excluded him from his Will.”

The Court held that the Court below had not erred in rejecting the submission of the appellant-husband that the marriage be restored subject to him not raising the demand of dowry, etc.

“The acts of cruelty were not sporadic or singular as may have warranted any further consideration.”

Accordingly, the Court held that the act of cruelty was found established and dismissed the appeal filed by the appellant-husband.

Case Title: Hemsingh @ Tinchu vs. Smt. Bhawna 2023 LiveLaw (AB) 507 [FIRST APPEAL No. - 1360 of 2023]

Citation: 2023 LiveLaw (AB) 507

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