Cruelty in marriage can be both physical and mental, and a long separation may constitute grounds for divorce under the Hindu Marriage Act.

JUDGMENT :

T. AMARNATH GOUD, J.

1. This present appeal has been filed under Section 28 of the Hindu Marriage Act, 1955, read with Section 19(1) of the Family Courts Act, 1984, challenging the Judgment and Order dated 06.04.2024, passed in T.S(Div) No. 136/2021 by the learned Judge, Family Court, Belonia, South Tripura, whereby the learned Court below dismissed the suit filed by the appellant-wife against the respondent-husband seeking dissolution of marriage under Section 13(i-a) of the Hindu Marriage Act, 1955.

2. The brief facts of the case are that on 26.04.2011, the appellant married the respondent as per Hindu rites and customs at Owangchara, Belonia. Out of their wedlock, a girl child, namely Adrija Chowdhury, was born. They lived together as husband and wife until 07.01.2020, when her husband and in-laws started to physically assaulted her. It is also alleged that after the solemnization of marriage, her husband hit her on the face and back and subjected her to physical abuse multiple times, treating her with cruelty. Furthermore, the appellant claimed that she was entitled to the return of her jewellery and accessories. Subsequently, she filed the aforementioned petition i.e., T.S.(Div) No. 136/2021, under Section 13(i-a) of the Hindu Marriage Act, 1955, on 17.11.2021 before the learned Court below. However, the suit was dismissed. Being aggrieved by the impugned Judgment and Order dated 06.04.2024, the appellant has preferred this instant appeal.

3. When the case is called, Mr. Ratan Datta, learned counsel appearing for the appellant, is present. The respondent- counsel is called absent. It is seen from the record that, despite effective service of notices, the sole respondent has not appeared before this court. Despite the issuance of notice on 05.08.2024, the respondent remained unrepresented on 04.02.2025 and again today, i.e., 11.02.2025, the respondent remained unrepresented. In view of the urgency pressed by the appellant-counsel, and as the matter has been listed for final hearing today, the same is heard.

4. Mr. Ratan Datta, learned counsel appearing for the appellant, submits that the Court below failed to appreciate that, within a few days of marriage, the appellant was subjected to consistent physical violence, assault, and other harmful behavior by the respondent. This treatment had reached such an extent that the appellant could not reasonably be expected to continue living with the respondent. The learned trial Court also failed to consider that the concept of mental cruelty is subjective and depends on the facts and circumstances of each case. To substantiate his argument, the learned counsel for the appellant referred to paragraphs 16, 17, and 18 of the Judgment of the Hon’ble Supreme Court reported in [2023] 3 SCR 552 bearing No. Civil Appeal No. 2012 of 2023, titled as Rakesh Raman Vs. Smt. Kavita, decided on 26^th April 2023. The same is produced hereunder:

“16. Matrimonial cases before the Courts pose a different challenge, quite unlike any other, as we are dealing with human relationships with its bundle of emotions, with all its faults and frailties. It is not possible in every case to pin point to an act of “cruelty” or blameworthy conduct of the spouse. The nature of relationship, the general behaviour of the parties towards each other, or long separation between the two are relevant factors which a Court must take into consideration. In Samar Ghosh v. Jaya Ghosh,(2007) 4 SCC 511 a three judge Bench of this Court had dealt in detail as to what would constitute cruelty under Section 13 (1) (ia) of the Act. An important guideline in the above decision is on the approach of a Court in determining cruelty. What has to be examined here is the entire matrimonial relationship, as cruelty may not be in a violent act or acts but in a given case has to be gathered from injurious reproaches, complaints, accusations, taunts, etc. The Court relied on the definition of cruelty in matrimonial relationships in Halsb