Prayagraj: The Allahabad High Court recently refused to grant a decree of divorce to a man from his wife on the grounds of physical and mental cruelty, saying that the allegations that the wife was quarrelling with him without any reason are not sufficient to form any opinion that the husband is undergoing acute mental pain, agony, suffering, disappointment and frustration and therefore it is not possible for him to live in the company of the wife.
A bench comprising Justice Rajan Roy and Justice Om Prakash Shukla refused to grant a decree of divorce while hearing an appeal filed by the husband challenging an order of a Faizabad family court refusing to dissolve marriage on a plea filed by the husband on the grounds of physical and mental cruelty.
What did the High Court say?
“The allegations that she was quarrelling with him without any reason, in the considered view of this court, are not sufficient to form any opinion that the appellant/husband is undergoing acute mental pain, agony, suffering, disappointment and frustration and therefore it is not possible for him to live in the company of the respondent/wife,” the High Court said.
High Court cited a Supreme Court verdict on cruelty
The High Court, while deciding the matter, cited a Supreme Court verdict saying that “No uniform standard can ever be laid down for guidance, yet we deem it appropriate to enumerate some instances of human behavior which may be relevant in dealing with the cases of mental cruelty.”
The apex court said in the verdict that “Mere trivial irritations, quarrels, normal wear and tear of the married life which happens in day-to-day life would not be adequate for grant of divorce on the ground of mental cruelty” and “The married life should be reviewed as a whole and a few isolated instances over a period of years will not amount to cruelty. The ill conduct must be persistent for a fairly lengthy period, where the relationship has deteriorated to an extent that because of the acts and behaviour of a spouse, the wronged party finds it extremely difficult to live with the other party any longer, may amount to mental cruelty.”
Allegations nothing but normal wear and tear in married life: High Court
The High Court, while taking note of the pleadings and the evidence” said that the allegations with regard to cruelty as set out by the appellant husband are nothing but the normal wear and tear in married life.
“A careful perusal of the pleadings and the evidence in support as adduced by the appellant/husband, would at once reveal that the allegations with regard to cruelty as set out by the appellant/ husband, are nothing but the normal wear and tear in married life. The couple lived together for around six years and the appellant-husband could not bring on record specific instances of mental harassment to enable this court to adjudicate the case of mental cruelty in favour of the appellant/husband,” the High Court said while dismissing the appeal of the husband and declining to grant a decree of divorce.
