SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Jhk) 914

HIGH COURT OF JHARKHAND
Sujit Narayan Prasad, Arun Kumar Rai, JJ
Deepak Kumar Singh – Appellant
Versus
Sunita Devi – Respondent
First Appeal No.150 of 2024



Advocates:
For the Appellants/Petitioners: Ashwini Priya
For the Respondents: Kamdeo Pandey

Divorce on grounds of cruelty requires proof of conduct so grave that living together becomes impossible. Trivial disagreements do not constitute cruelty. The burden of proof lies on the petitioner, and appellate courts will not interfere unless the lower court's finding is proven to be perverse or illegal.

Headnote:(A) Hindu Marriage Act, 1955 - Section 13(1)(i-a) - Divorce on grounds of cruelty - Burden of proof - Petitioner seeking dissolution of marriage must demonstrate consistent behavior of spouse that renders cohabitation impossible - Cruelty is not defined by ideals but by the social strata, cultural background, and emotional health of the parties - Trivial irritations or incompatibility do not constitute cruelty. (Paras 43-45, 51, 54-55)

(B) Appeal - Scope and jurisdiction - Appellate court not to substitute its own view for that of the trial court - Judicial review limited to examining if the impugned decision suffers from perversity, illegality, or procedural irregularity - Mere possibility of another view does not warrant interference. (Paras 39-41, 73)

Facts of the case:
The appellant-husband filed for divorce against the respondent-wife on the ground of cruelty under the Hindu Marriage Act, 1955. The husband alleged that the wife refused to consummate the marriage, insisted on him joining a particular religious sect, and demanded to live separately from his elderly parents. The respondent denied these allegations, asserting that she was willing to perform her matrimonial obligations and that the husband had not attempted to reconcile or permit her return to the matrimonial home despite efforts by her family members.

Findings of Court:
The court observed that the husband failed to produce credible evidence to support the claims of cruelty or wilful abandonment by the wife. Conversely, evidence indicated that the husband refused to allow the wife to resume matrimonial life despite requests from her family, suggesting that the husband himself prevented the restoration of the marital relationship.

Issues: The central issues were whether the respondent-wife subjected the appellant to mental cruelty justifying divorce, and whether the trial court's dismissal of the divorce petition was perverse or legally flawed.

Ratio Decidendi: The court held that cruelty must be grave and weighty, not mere matrimonial incompatibility. As the petitioner failed to prove the specific instances of cruelty and was found to be the one hindering the resumption of conjugal relations, the petition for divorce was rightly dismissed. Since the trial court’s findings were based on a thorough appreciation of evidence and not tainted by perversity, no interference was warranted.

Result: Appeal dismissed.

Table of Content
1. summary of facts, allegations of cruelty, and initial matrimonial dispute details. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10)
2. arguments presented by appellant and respondent regarding the divorce decree. (Para 13 , 14 , 15 , 16)
3. analysis of oral and documentary evidence regarding the matrimonial dispute. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36)
4. legal standard and definition of mental cruelty in matrimonial litigation. (Para 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55)
5. application of legal principles to facts, finding no cruelty by respondent, and dismissal of appeal. (Para 56 , 57 , 58 , 59 , 60 , 61 , 62 , 63 , 64 , 65 , 66 , 67 , 68 , 69 , 70 , 71 , 72 , 73 , 74 , 75)

C.A.V on 27.01.2026 Pronounced on 03/02/2026 Per Sujit Narayan Prasad, J.

The instant appeal under section 19(1) of the Family Courts Act, 1984 is directed against the judgment dated 07.05.2024 and the decree dated 16.05.2024 passed in Original (Matrimonial) Suit No.295 of 2017 by the learned Addl. Principal Judge, Addl. Family Court-I, East Singhbhum at Jamshedpur (herein referred as Family Judge) whereby and whereunder the petition filed under section 13(1) (i-a) of the Hindu Marriage Act, 1955 by the appellant-husband against the respondent-wife has been dismissed.

2. The brief facts of the case as pleaded in the plaint having been recorded by the learned Family Judge, needs to be referred herein as:

(i) The marriage between the parties was solemnized on 22.02.2016 at Hotel Alcor Bistupur, Jamshedpur according to Hindu Rites and Custom.

(ii) Thereafter, the respondent remained in her matrimonial home for two days only and did not allow the petitioner/appellant to consummate the marriage by cohabitation on the ground that she was one of the disciples of Satsang and prior permission was required for the consummation of marriage and unless she was permitted by her Satsang Philanthropy, Deoghar, she could not consummate the marriage.

(iii) After two days, she went to her parent's house at Joda, Dist. Keonjhar, Odissa on 25.02.2016.

(iv) It has been stated that before the marriage, on, parents of both the parties met at Dhanbad where the respondent was interviewed by the petitioner and his parents in presence of her parents and they all repeated that she is qualified as MBA from BHU and she is serving as Manager in Citi Bank at Mumbai. Further, the respondent and her parents submitted that after the marriage she will get her transferred to CITI Bank, Singapore where the petitioner is working.

(v) It is the case of the petitioner that at the time of marriage, the facts of her being a disciple of the Satsang Philanthropy, Deoghar was concealed by her brother Lal Mani Singh as well as the middle man, namely, Bablu Singh and they intentionally settled the marriage by concealing such facts from the petitioner and his family members.

(vi) When the respondent returned back to her matrimonial house in the month of July, 2016, respondent took all her ornaments which were presented at the time of marriage by petitioner and relatives and started insisting that the petitioner/appellant should also become member of Satsang by taking Diksha, otherwise she would not allow him to perform sexual intercourse with her. The petitioner refused to accept the demand of respondent because he had no knowledge about such religious order in which she was involved for so many years.

(vii) The respondent again made demand to the petitioner for living separately from his old aged parents, but he was not in a position to accept such demand because he was the eldest son of his family and had responsibility of maintaining and supporting his parent's need. It has been asserted that on his refusal to accept the demand of the respondent, she refused to cooperate and perform her matrimonial obligation and also refused to have sexual relation with the petitioner.

(viii) The respondent barel

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top