Chhattisgarh High Court Grants Divorce to Woman After 34 Years of Marriage
Raipur: In a significant ruling, the Chhattisgarh High Court has intervened to grant a woman a divorce after 34 years of enduring a troubled marriage. This decision came as the court evaluated evidence of the husband’s excessive drinking, his involvement in illicit relationships, and patterns of mental and physical cruelty inflicted on the wife.
The bench, consisting of Justice Rajani Dubey and Justice Narendra Kumar Vyas, highlighted the husband’s irresponsible behavior, including a lack of employment and commitment to the family. The bench asserted, “The man engaged in excessive drinking and formed illicit relationships, causing social infamy to the entire family. The family court failed to acknowledge this and mistakenly concluded that there was no mental or physical cruelty inflicted by the husband on the wife. This erroneous finding is not supported by the existing evidence and must be overturned.”
Background of the Case
Married in 1991, the couple shares three children—two daughters and a son. The woman sought divorce under Section 13 of the Hindu Marriage Act, 1955. She alleged that her husband’s cruelty, both physical and emotional, was exacerbated by his failure to support the family and his engagement in affairs with other women. Additionally, she disclosed that they had lived separately within their home since 2018, with no conjugal relations during this period. The couple’s younger daughter corroborated her mother’s claims in court.
Verdict by the High Court
The family court had initially dismissed the woman’s application for divorce. However, upon appeal, the High Court reversed that decision. It noted the husband’s ineffective response to the allegations, failing to cross-examine his wife or provide significant evidence in his favor. The court recognized the wife’s considerable contributions as a government teacher, highlighting her ability to support the family, finance the construction of their home, and pay for their daughter’s wedding.
In light of the uncontested testimony, the court underscored the husband’s ongoing lack of stable employment and fidelity, emphasizing the resilience and determination of the wife in the face of such challenges.
