As the world evolves, people’s lives encounter new changes and challenges. One of the emerging challenges affecting the human mind, emotions, and mental health is divorce. Although India has one of the lowest divorce rates globally at approximately 1%, the prevalence of this challenging situation is increasing among Indians. Divorce signifies the termination of the marital relationship between two individuals, but it raises the question: in a marriage that is a bond between two people, which party is liable to seek or grant a divorce, and under what circumstances is it possible?

Traditionally, many situations and circumstances allow a wife to seek a divorce. However, the question remains: can a husband seek a divorce? Will the court grant a divorce to a husband? If so, on what grounds might the court grant a divorce to a husband? Recent judgments shed light on these questions.

Divorce When Wife Alleges Impotency

In case Devki nandan das v/s Manorama das Case of the appellant/plaintiff is that he is the only son of his parents, therefore, it was expected from the respondent that she would carry on the lineage, but the wife denied physical relations with the appellant on the ground of illness as also on the ground of appellant being impotent. The wife, without any sufficient reason, left the matrimonial house since 10.7.2010 and started residing in her parental house and deserted the husband/appellant. When the appellant attempted to bring her back, she denied to go with the appellant and threatened to falsely implicate the appellant in dowry or criminal case. The appellant seeks divorce on the ground of cruelty and desertion.

16. Considering the aforesaid principle and the conduct of the respondent with respect to the matrimonial duties and obligations, this Court finds that a false allegation of torture and impotency would never be tolerated by a reasonable man and it amounts to mental cruelty. The respondent herself left the matrimonial house voluntarily after making such allegations, therefore, the relationship has deteriorated to such an extent that matrimonial bond is beyond repair. The marriage between the parties has become a fiction though supported by a legal tie by refusing to sever that tie, the law in such cases does not serve the sanctity of marriage; on the contrary, it shows scant regard for the feelings and emotions of the parties. The court in the present case granted divorce to the husband on grounds of mental cruelty and desertion by the wife.

Devki Nandan Das vs. Manorama Das (11.07.2022 – CGHC) : MANU/CG/1229/2022

Wife making false allegations and insulting in public.

In case Karamjit singh v/s Davinder Kaur Cruelty – Divorce for – Section 13 of Hindu Marriage Act, 1955 (HMA) –

In this case appellant was a man having polio since childhood and the respondent was a divorced lady having a child from the previous marriage. The respondent used to insult appellant publicly and used to taunt and mock him for his disability. That due to the behavior of respondent appellant was disinherited from his house but the cruelty of respondent still persisted after that. Respondent used to physically abuse the appellant and raised false allegations against him in front of panchayat, respondent also deserted the appellant and moreover in this case the wife was already convicted in a case pertaining to 500 IPC (defamation).

Held, respondent’s complaints were found to be patently false – Not only was appellant acquitted, but respondent has been held guilty for commission of offence of defamation – Acts of respondent-wife amount to cruelty against appellant-husband – Decree of divorce is passed under Section 13 of HMA

Karamjit Singh vs. Davinder Kaur (13.09.2022 – PHHC) : MANU/PH/1715/2022

Divorce on Acquittal in 498a

Incase Koman Lal Sahu vs. Sushila Sahu –

In the present case the husband and wife were living separately for more than 20 years and wife has filed numerous cases against the husband including a case of 498A in which the husband had got acquittal in response to those cases husband had also filed cases against the wife.  

Court held From the aforesaid evidence, it is explicit that mutual respect and understanding between the parties has completely gone and they are residing separate for more than 20 years, both of them have made allegations and counter allegations against each other and even the wife has made police case, which was resulted into acquittal, so, considering the facts and circumstances of the case, filing of such accusation under Section 498-A of the IPC by the wife against her husband and father-in-law, wherein both have acquitted, also amounts to cruelty. For this, we are fortified in our view by the judgment of the Hon’ble Supreme Court in the matter of Rani Narasimha Sastry Vs. Rani Suneela Rani {MANU/SC/1837/2019 : (2020) 18 SCC 247}. In the said matter, it was observed that it is true that it is open for anyone to file complaint or lodge prosecution for redressal of his or her grievances and lodge a first information report for an offence also and mere lodging of complaint or FIR cannot ipso facto be treated as cruelty. But, when a person undergoes a trial in which he is acquitted of the allegation of offence under Section 498-A IPC, levelled by the wife against the husband, it cannot be accepted that no cruelty has been meted out on the husband. Hence decree be drawn accordingly.

Koman Lal Sahu vs. Sushila Sahu (01.08.2022 – CGHC) : MANU/CG/1338/2022

Conclusion

Divorce can be a challenging journey, but understanding the legal framework and seeking expert legal counsel can help husbands protect their rights and interests. It’s essential to remember that each case is unique, and the outcome may vary based on jurisdiction and specific circumstances. Ultimately, the goal of divorce proceedings should be to ensure a fair and equitable resolution for both parties and, when applicable, prioritize the best interests of any children involved.

Adv. Nitish Banka/Adv. Chetna Mourya

9891549997

Nitish Banka

Nitish Banka is an advocate practicing in Supreme Court of India and can be reached at [email protected] or 9891549997