2026 Supreme(Jhk) 336

IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sujit Narayan Prasad, Arun Kumar Rai, JJ.
Hukum Lal B.P. - Appellant
Versus
Meghwati Devi @ Jyoti Chouhan - Respondent
F.A. No.41 of 2025
Decided On : 10-02-2026

Husband failed to prove cruelty or desertion in divorce suit; unproved illicit relationship allegation itself constitutes cruelty to wife; appellate court upholds trial findings absent perversity, requiring cogent evidence for grave matrimonial charges.

Headnote:(A) Hindu Marriage Act, 1955 - Sections 13(1)(i-a) and (i-b) - Family Courts Act, 1984 - Section 19(1) - Divorce petition by husband on grounds of cruelty and desertion - Family court dismissed suit holding failure to prove ingredients - High Court in appeal reappreciates evidence, upholds dismissal noting no cogent proof of cruelty including unproved illicit relationship allegation, or desertion without reasonable cause - Grave allegations require higher degree of probability than mere preponderance - No perversity in trial findings as evidence weighed properly, oral testimonies contradictory, no documents adduced. (Paras 13-82)

(B) Cruelty - No fixed definition, context-dependent on social strata, conduct causing reasonable apprehension of harm or mental agony - Trivial irritations, normal wear and tear not cruelty - Unsubstantiated adultery charges against spouse themselves amount to cruelty - Preponderance of probability governs but cogent evidence needed for grave pleas. (Paras 33-45)

(C) Desertion - Factum of separation plus animus deserendi without consent or reasonable cause - Willful neglect included - Must exist for two years - Respondent's separation justified by alleged harassment negates animus. (Paras 47-58)

(D) Appellate Jurisdiction - High Court as first appellate court reappraises facts and law, reverses only if perverse i.e., no evidence, ignores relevant material, defies logic - Not to substitute view merely because another possible. (Paras 19-26, 78-80)

Facts of the case:
Marriage solemnized in April 1985 per Hindu rites, parties lived together 35 years at matrimonial home, four sons born. Respondent left on 18.09.2020. Petitioner alleged respondent's cruelty via torture, threats, illicit relationship with driver, conversion to Christianity changing behavior, desertion over five years. Respondent countered with petitioner's alcoholism, physical/mental torture, his illicit relationship forcing separate residence; receives maintenance Rs.10,000/month. No prior complaints by petitioner; mediation failed. Family court framed issues on maintainability, cause, cruelty, desertion, relief; dismissed suit post evidence.

Findings of Court:
Petitioner failed to prove cruelty or desertion; allegations groundless, no complaints lodged timely, contradictory testimonies; separation due to petitioner's conduct per respondent; husband's unproved adultery charge itself cruelty to wife.

Issues: Whether suit maintainable with valid cause; marriage dissolvable for cruelty u/s 13(1)(i-a) or desertion u/s 13(1)(i-b); entitled to divorce.

Ratio Decidendi: Appellate court concurs with trial court - no perversity as evidence properly appreciated; cruelty/desertion not established, requires conduct rendering cohabitation impossible without proof beyond daily discord; husband's accusations lack substantiation, rebound as cruelty.

Result: Appeal dismissed; impugned judgment/decree upheld.