Aarohi Girish Dhumale
The Allahabad High Court on 8th January, 2025 ruled that a wife’s consumption of alcohol does not amount to cruelty unless it is accompanied by inappropriate or uncivilized behaviour.
A Division Bench, consisting of Justice Vivek Chaudhary and Justice Om Prakash Shukla, granted divorce to the couple on the grounds of desertion under Section 13 of the Hindu Marriage Act. Earlier, the Family Court had dismissed the divorce petition.
The Court observed, “Consuming alcohol by itself does not amount to cruelty if it is not followed by unwarranted and uncivilized behaviour. Though consuming alcohol in middle-class society is still a taboo and not part of the culture, there is no evidence on record to show how consuming alcohol caused cruelty to the husband.”
The parties got married in the year 2015. After few years of the marriage, the wife was accused to have displayed significant changes in behaviour. She wanted the husband move to Kolkata and live there, away from his parents. When he declined, the wife moved to Kolkata with their young son and refused to return, despite the husband requesting her multiple times.
A divorce petition was filed by the husband in Lucknow on grounds of cruelty and desertion. The Family Court dismissed the petition as cruelty had not been proven and desertion did not meet the statutory requirement of two years. The husband appealed against this dismissal.
The Court also gave an ex-parte order due to the wife’s failure to respond to multiple notices. In addressing the allegations of cruelty, the Court emphasized that the burden of proof rested with the plaintiff and pointed out that no specific incidents of cruelty were provided. It further noted that the claims of alcohol consumption, including during pregnancy, were unverified and inadequate to prove cruelty, as there was no evidence of harm or medical issues affecting the child.
Regarding the issue of desertion, the Court noted that the wife had deliberately neglected her marital duties and failed to participate in the judicial process despite multiple summons and notices. The Court concluded that her actions amounted to desertion under the Hindu Marriage Act and declared the marriage irreparable.
The Court granted the divorce on the ground of desertion by overruling the Family Court’s dismissal.
Case Name: Rachit Verma v. Smt. Anuradha Dey
Citation: 2025:AHC-LKO:1303
Bench: Justice Vivek Chaudhary and Justice Om Prakash Shukla