Irretrievable Breakdown Of Marriage Not A Ground To Seek Divorce: Telangana High Court
|The Telangana High Court noted that irretrievable breakdown of marriage is not a valid ground for divorce, but can be considered while coming to a conclusion with regard to alleged cruelty.
The Court upheld the decision of the family court which dismissed the husband’s petition to seek divorce from his wife on the grounds of cruelty and desertion. The Court noted that the husband was unable to prove specific instances of cruelty alleged by producing acceptable legal evidence.
A Division Bench of Justice K. Lakshman and Justice P. Sree Sudha observed, “Counsel for the appellant contended that the appellant and the respondent are staying separately since last 17 years and their marriage is it retrievably breakdown, there is no possibility of living together. But the said ground of irretrievable breakdown of marriage is not a ground to seek divorce. Neither, the Family Court nor this Court can grant divorce on the said ground. The said aspect can be considered while coming to a conclusion with regard to alleged cruelty.”
Sr. Advocate J. Prabhakar represented the appellant, while Advocate G. Manoj Kumar appeared for the respondent.
The husband had filed a petition for divorce from his wife under Section 13(1)(ia)(ib) of the Hindu Marriage Act (HMA), seeking dissolution of marriage. He alleged that his wife had implicated him and his family members in a false case under Section 498-A of the IPC and had filed a petition under the Domestic Violence Act.
The wife on the other hand had filed a counter-claim alleging that she was subjected to physical and mental cruelty by the husband and his family. She alleged that her mother-in-law had even administered poison to her during her third month of pregnancy, resulting in an abortion.
The Family Court dismissed the husband’s petition holding that he had failed to prove the allegations of cruelty and desertion.
Similarly, the High Court noted that the husband did not state any specific instance of alleged cruelty by the wife. Though he alleged that the wife never allowed him to speak to his mother or his family members, he did not examine any of them. Similarly, he also alleged that his wife harassed him and his family members with the help of her sister who was a Police, and yet the husband did not produce any evidence.
The Bench explained that “the threshold of what constitutes a cruel conduct may differ between a man and a woman. What is cruelty for a woman in a given case may not be cruelty for a man. The concept of cruelty differs from person to person depending upon his upbringing, level of sensitivity, financial position, social status, customs, religious beliefs and value system.”
Consequently, the Court upheld the decision of the Family Court, rejecting the husband’s claim of cruelty and desertion. “The appellant has to plead and prove the cruelty with specific instances by producing acceptable legal evidence. In the present case, he failed to do so. The appellant failed to make out any case to interfere with the said order. Thus, the present appeal fails and the same is liable to be dismissed,” the Court stated.
Accordingly, the High Court dismissed the appeal.
Cause Title: X v. Y
Appearance:
Appellant: Sr. Advocate J. Prabhakar; Advocate Kanumuri Kalyani
Respondent: Advocates G. Manoj Kumar and P. Srinath