Unrebutted Evidence Of Minor Daughter Substantiating Allegations Of Cruelty Meted Out To Mother Sufficient To Grant Divorce: Allahabad HC

The Allahabad High Court has held that unrebutted evidence of minor daughter substantiating allegations of cruelty made by the mother sufficient ground for divorce under Section 13 of the Hindu Marriage Act.

Parties got married in 1999 and had two children in 2000 and 2003, respectively. Before the Family Court, it was established that the parties cohabited till 2011. While living in South Africa, the respondent is said to have assaulted the appellant. Appellant also alleged adultery. Though appellant did not want to go back to South Africa, respondent persuaded her to come with him. Once the appellant returned to South Africa with her kids, it is alleged that the cruel behaviour continued.

Due to absence of respondent, the Family Court proceeded ex-parte. In evidence, the minor daughter supported allegations of cruelty describing physical assaults on the mother as well as the children. The daughter stated that the respondent used to lock up the appellant and her children for days. Therefore, they permanently returned in 2013. The Court observed that such evidence was never denied by the respondent at any stage and no material was produced against such material.

The Judge, Family Court/Fast Track Court No. 1, Bareilly rejected the divorce petition on grounds that the allegations of cruelty were vague in nature.

The bench comprising Justice Saumitra Dayal Singh and Justice Donadi Ramesh observed that though there is no straight jacket formula for defining 'cruelty' as a ground of divorce, the evidence of the minor daughter regarding cruelty was sufficient evidence as it had never been challenged or controverted.

“Though, cruelty as a ground for divorce remains hard to define and no straight jacket formula has been adopted at the same time, once the minor child of the parties had specifically deposed that the respondent had tried to throttle her mother on many occasions and that he habitually locked up his family from outside and left them to fend for themselves in that situation for days, no other evidence of cruelty was required to be led in face of that unrebutted evidence.”

Setting aside the order of the Family Court, the High Court granted divorce to the parties who had lived separately for more than 11 years.

Case Title: Manjusha Servesh Joshi vs. Sarvesh Kumar Joshi 2024 LiveLaw (AB) 448 [FIRST APPEAL No. - 472 of 2018]

Case citation: 2024 LiveLaw (AB) 448

Click Here To Read/Download Order