Punjab and Haryana High Court Grants Divorce to Man After Wife Refuses to Live With His Aged Mother
The Punjab and Haryana High Court has upheld a divorce granted to a man after his wife refused to live with his elderly mother. The ruling came as the Court dismissed the wife’s appeal against a family court decision that had allowed the husband’s divorce petition under the Hindu Marriage Act.
Marriage and Divorce Proceedings
The couple got married in 1999, but in 2016, the husband filed for divorce. A family court in Palwal, Haryana, granted the divorce in 2019. The wife appealed against this decision.
During the appeal, the Court noted that the woman had been living separately with her two daughters since 2016. Despite knowing that her husband had a 75-year-old mother and a sister with mental health issues, she refused to stay with them in the village and instead asked her husband to move out.
Court’s View on Mental Cruelty
The High Court ruled that the wife’s insistence on her husband leaving his aged mother and dependent sister amounted to mental cruelty. Referring to a Supreme Court precedent, the Court stated that such behavior justified divorce under the Hindu Marriage Act.
Additionally, the Court observed that the woman had joined Brahma Kumaris, a spiritual organization where celibacy is practiced. The family court had taken this into account, noting that she did not seem interested in maintaining a marital relationship. The Court cited a previous ruling stating that a spouse’s unilateral decision to refuse intimacy for a prolonged period, without a valid reason, could also be considered mental cruelty.
Final Verdict and Alimony Decision
Since the couple had been living separately since 2016 without attempts at reconciliation, the Court ruled that their relationship was emotionally dead and beyond repair. It held that forcing them to stay together would only lead to further mental stress and cruelty.
While upholding the divorce, the Court noted that the family court had not awarded alimony to the wife. Although she had not requested it, the Court stated that under Section 25 of the Hindu Marriage Act (1955), she could still apply for permanent alimony in the future.
However, as an interim relief, the Court directed the husband to pay ₹5 lakh to his ex-wife within three months.
Conclusion
This ruling highlights how courts interpret mental cruelty in divorce cases. It also reinforces that a spouse’s refusal to live with the husband’s dependent family members can be grounds for divorce under the Hindu Marriage Act.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
