The Madhya Pradesh High Court recently ruled that minor differences between a husband and wife do not constitute cruelty, quashing a divorce decree issued by a Family Court.
A division bench of Justices Vivek Rusia and Amar Nath heard the appeal filed by a wife challenging the Family Court’s decision that granted her husband a divorce on grounds of cruelty. The husband alleged that his wife provided false information about her date of birth and educational qualifications on a matrimonial site. He also claimed she had an egoistic personality and refused treatment for a condition causing smelly sweat, which he deemed a serious disease. Additionally, he complained that she falsely claimed she could ride a two-wheeler and often threatened to implicate his family in criminal cases.
Despite these allegations, the wife expressed her desire to continue living with her husband. The Court observed that the marriage was arranged after several meetings between the families and took place on May 31, 2010. The husband deserted the wife on October 25, 2010, less than six months after the wedding.
“The husband agreed to the marriage, so he cannot spoil the wife’s life without any reason. Minor differences cannot be termed as cruelty. Both partners should give each other time to adjust in married life,” the bench stated.
The Court found that the husband failed to prove most of his allegations and noted that he had not made any effort to reconcile. The alleged incidents occurred within the first year of marriage, and the husband sought divorce without giving the marriage a fair chance. Even in court, the wife expressed willingness to reconcile, but the husband refused.
The Court emphasized that the law does not permit divorcing an innocent spouse on trivial grounds. As a result, the bench quashed the divorce decree issued by the Family Court.
Furthermore, the Court ordered the husband to pay ₹8,000 per month as interim maintenance to the wife until the decree of restitution of conjugal rights is complied with.
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