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Prolonged Marital Discord Not Just Separate Rooms Establishes Cruelty:
The has upheld a decree dissolving a marriage on the ground of , while clarifying that spouses merely occupying separate rooms in the same house does not, by itself, amount to cruelty. The Division Bench of Justice D K Singh and Justice H. Shanthi Bhushan emphasized that the of prolonged marital discord, , and the overall conduct of the parties must be assessed.
A Marriage Under Strain
The couple married on , and had two children. The wife alleged that the husband subjected her to physical, verbal, and emotional cruelty, neglected her and the children, displayed obsessive possessiveness, and distanced her from her family. Although they continued to live in the same building, they occupied separate rooms and led separate lives. The wife eventually left the with the children.
The husband denied the allegations, claiming the wife was influenced by her family and that she had filed a false complaint under . He argued that the wife herself was responsible for the breakdown of the marriage.
The Court's Key Clarification
The High Court noted that the husband had admitted that the parties lived in separate rooms for a considerable period. However, the Bench stressed that this fact, standing alone, does not constitute cruelty.
“Standing by itself, such an arrangement cannot be treated as cruelty. The mere fact that spouses occupy separate rooms, without anything more, would not justify a finding of cruelty. What is relevant is the surrounding circumstances in which such separation took place and the manner in which the matrimonial relationship had otherwise progressed.”
The court said the separation had to be viewed in the context of the entire matrimonial history, which included repeated disputes, allegations of abuse, an earlier matrimonial proceeding filed by the husband, a attempt, and prolonged separate living.
of Discord
The Bench identified eight circumstances from the evidence that collectively established : repeated serious disputes, consistent allegations of verbal/emotional abuse and neglect, separate living within the same premises, the husband’s admitted habits of consuming alcohol and chewing gutka/tobacco, an earlier divorce petition by the husband, a , prolonged separation, and the inability to restore the relationship despite opportunities.
The court rejected the husband’s contention that the wife’s earlier , which ended in , should be treated as cruelty. It clarified:
“The mere filing of a by one spouse against the other does not, in every case, amount to . Likewise, an in a criminal proceeding cannot, by itself, lead to the conclusion that the complaint was false or malicious. Criminal proceedings and matrimonial proceedings operate in different fields, and the applicable to them is also different.”
Alimony Upheld
The husband also challenged the ’s order directing him to pay ₹25,000 per month as . The High Court noted that the husband’s income-tax returns showed a gross salary of over ₹4 lakh per month, while the wife earned about ₹24,000 per month. The court found that the wife’s income alone did not disentitle her from alimony, considering the marriage duration, standard of living, and children’s needs.
“The mere fact that the respondent is earning an income cannot, by itself, disentitle her to . The question is whether such income, having regard to the duration of the marriage, the status and income of the parties, the standard of living during the subsistence of the marriage, her needs and the circumstances relating to the children, is sufficient to meet her reasonable requirements.”
Final Decision
The High Court dismissed the appeal, confirming the under and the award. It held that the wife had established a continuing course of that went beyond ordinary wear and tear of married life, causing sustained mental pain and destroying the basic elements of companionship, trust, and matrimonial security.
