Pranav Shukla
The Allahabad High Court on 14 November, 2024 stated in the case of Dr. Bagish Kumar Mishra v. Rinki Mishra, that the wife quarrels with her husband is not enough to prove mental agony and does not justify granting the husband a divorce on the grounds of cruelty.
The Court was hearing an appeal by a man challenging the family court’s decision to dismiss his divorce petition filed under Section 13 of the Hindu Marriage Act, 1955.
A Bench of Justice Rajan Roy and Justice Om Prakash Shukla observed that the husband’s allegations of cruelty were merely typical challenges and disagreements that are a natural part of married life.
“The allegations of cruelty raised by the appellant/husband are merely the ordinary frictions and challenges of married life. The claim that the wife argued with him without cause, in the Court’s view, is insufficient to conclude that the husband is experiencing severe mental pain, agony, suffering, disappointment, or frustration to the extent that living with the respondent/wife has become impossible.” The court observed.
The Court found that the man had not demonstrated anything beyond the usual difficulties of a troubled marriage. It determined that there were no legal grounds to justify granting him a divorce. The appellant had sought a divorce from his wife, alleging both mental and physical cruelty.
The High Court observed that the appellant was unable to support his claims with concrete and reliable evidence. It pointed out that the allegations made by the appellant were vague and lacked specificity.
The Court observed that the wife’s allegations of physical and mental harassment seemed more credible and substantiated compared to the claims made by the appellant.
Case Number – 2024:AHC-LKO:76762-DB
Case Name – Dr. Bagish Kumar Mishra v. Rinki Mishra
Bench – Justices Rajan Roy and Om Prakash Shukla
Click here to access the order.