Divorce — Mental Cruelty · 24 September 2024
X v. Y: Allahabad High Court Grants Divorce, Citing Baseless Criminal Complaints and Prolonged Separation as Cruelty
High Court of Judicature at Allahabad · 2024:AHC:137694-DB
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A couple married in 1992 ran into difficulties within two years, and the wife left the matrimonial home in 1995 to live with her parents. After reconciliation efforts failed, the husband filed for divorce in 1999; the wife, in turn, brought criminal complaints against him and his family, including minor siblings, alleging dowry harassment and cruelty. The Family Court dismissed the husband's divorce petition and instead directed restitution of conjugal rights in the wife's favour, and he appealed.
The Allahabad High Court allowed the appeal and granted the divorce. A Division Bench held that no spouse can be expected to continue a marriage under the threat of malicious criminal prosecution, and found the allegations against the husband's family — including minor siblings — to be baseless. It also held that the prolonged separation and the wife's complete denial of companionship, without justifiable cause, amounted to cruelty in itself, noting that cruelty in marriage is not confined to physical conduct but extends to a sustained refusal of companionship at every level.
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