Patna: The Patna High Court has dissolved a marriage that lasted around 15 years, holding that prolonged separation, persistent marital discord and the absence of any possibility of restoring the relationship can constitute mental cruelty.
A division bench of Justice Bibek Chaudhuri and Justice Rana Vikram Singh allowed an appeal filed by Kumari Saumya and set aside the order of the Muzaffarpur Family Court. The couple had married in 2009 and had been living separately since April 2019.
Court Grants Divorce On Grounds Of Mental Cruelty
The High Court granted divorce under Section 13(1)(ia) of the Hindu Marriage Act.
The court observed that years of separation, continuing tension and the failure to restore the marital relationship indicated that the marital bond had effectively broken down.
The bench held that living apart for several consecutive years, coupled with persistent discord and the absence of a realistic possibility of the relationship returning to normalcy, could support a finding of mental cruelty.
In reaching its conclusion, the court referred to Supreme Court judgments in Shobha Rani v. Madhukar Reddi (1988) and Samar Ghosh v. Jaya Ghosh (2007), which deal with mental cruelty and the impact of prolonged marital stress.
Adultery Allegations Rejected
The husband had also alleged adultery against the wife.
The High Court rejected the allegations, observing that they were not supported by concrete evidence. The court emphasised that serious allegations such as adultery cannot be sustained merely on the basis of assertions and require credible evidence.
Rs 71.66 Lakh Permanent Alimony
The High Court fixed permanent alimony for the wife at Rs 71.66 lakh.
While determining the amount, the court considered the husband’s monthly income of around Rs 3.70 lakh as well as the financial requirements of the family, including the children.
The alimony is to be paid in two equal instalments. The first instalment is to be paid within three months and the second within six months.
Pending Cases To Be Withdrawn
The court directed that after the alimony has been paid in full, both parties will proceed with the withdrawal of the pending litigation between them.
The judgment thus brought the prolonged marital dispute to an end while also distinguishing between the circumstances supporting a finding of mental cruelty and allegations requiring independent proof.
