When a marriage has irretrievably broken down due to a decade-long separation and constant mutual acrimonious litigation, the court may grant a divorce on the grounds of mental cruelty rather than enforcing restitution of conjugal rights, as keeping the marriage alive is counter-productive.

NAFR

Judgment reserved on : 21-08-2025

Judgment delivered on : 24-11-2025

CAV Judgment

Per Rajani Dubey, J

The appellant/husband has filed FA(MAT) No.37/2023 challenging the legality and correctness of the judgment and decree dated 20.12.2022 passed by II Additional Principal Judge, Family Court, Durg in Civil Suit No.711/2014 whereby application filed by the respondent/wife u/s 9 of the Hindu Marriage Act, 1955 has been allowed whereas in FA(MAT) No.38/2023 the appellant calls in question the legality and validity of the judgment and decree dated 20.12.2022 passed by the said Court in Civil Suit No.418/2017 dismissing his application under Section 13(A) of the Hindu Marriage Act, 1955 (in short “the Act of 1955”) seeking divorce on the ground of cruelty. Being so, both these appeals are being decided by this common judgment.

02. The admitted facts in this case are that marriage of the appellant with the respondent was solemnized on 4.3.2009 at Sai Mangalam Bhavan, Bhilai as per Hindu rites and rituals and from their wedlock, a son namely Vihan was born.

03. The respondent/wife filed an application under Section 9 of the Act of 1955 for restitution of conjugal rights with the averments that after marriage, her in-laws would harass and ill-treat her over every trivial issue. On 18.3.2009 they went to Nainital for honeymoon and after returning from there, the appellant sent her to her parental house with his friend for appearing in some examination but later on the appellant and his parents taunted her parents over telephone that she left the matrimonial home to avoid the household work. Thereupon when her younger brother brought her back to her matrimonial home, they were not allowed to enter the home, so he left her at the door and went back. However, again the appellant and his family members started quarelling and abusing her filthily. She was not even allowed to go to her parental house on festivals etc. During her pregnancy, the appellant, who was working in Rourkela (Orissa), did not take her to doctor for proper treatment and rather used to frequently come from Rourkela to Bhilai as a result of which she suffered miscarriage. During her second pregnancy in June, 2010 also the appellant and his family members instead of providing her medical care, misbehaved, ill-treated and beat her even in presence of her parents and asked them to take her back, so she returned to her parental house and lodged a report at Mahila Thana, Durg. Next day, the appellant along with her in-laws came to her parental house and again raised quarrel over return of their articles, therefore, she gave an application to their society and accordingly, as per decision of their society the appellant was to come to take her back to the matrimonial home on 15.12.2010 but neither he came nor did he get her medically treated. Even when she delivered a child at Sector-9 Hospital, Bhilai, he did not come to see him nor bore the expenses.

04. She further averred that on 1.5.2011 when she along with her son went to her matrimonial home at Sunder Nagar, Kohka, the appellant and his family members misbehaved with her and ousted her. Even when brother of her husband namely Mukesh died due to drowning in swimming pool, the appellant/husband did not let her attend his funeral. He did not give her money f