‘Marriages made in heaven’: Telangana High Court rejects man’s ‘wife unfaithful’ claim

Observing that “marriages are made in heaven” and referring to a Supreme Court judgment’s description of spouses having crossed the “point of no return”, the Telangana High Court has upheld a family court’s refusal to grant a husband divorce after his eldest son denied his claim of having caught his mother with another man. The bench held that the husband had failed to establish cruelty through reliable and cogent evidence.

Justices K Lakshman and K Sujana were hearing an appeal filed by the husband challenging a September 16, 2015, order of the senior civil judge, Nizamabad, who had dismissed his divorce petition. He had sought dissolution of the marriage under the Hindu Marriage Act on the ground of cruelty.

“Marriages are made in heaven. Both parties have crossed the point of no return. A workable solution is certainly not possible. Parties cannot at this stage reconcile themselves and live together forgetting their past as a bad dream,” the court said on November 6.

The couple married in 1992 and had three sons, all of whom are adults now. The husband sought divorce on the ground of cruelty under the Hindu Marriage Act. He alleged that his wife maintained an illicit relationship with a man and that their eldest son had caught them together.

Matrimonial cases challenging

Noting that matrimonial cases before courts pose a different challenge unlike other disputes, the court said such cases involve human relationships with its “bundle of emotions, with all its faults and frailties”.

Justices K Lakshman and K Sujana said the husband had to prove cruelty through clear evidence, but failed to do so.

“It is not possible in every case to pin point to an act of ‘cruelty’ or blameworthy conduct of the spouse. The nature of relationship, the general behaviour of the parties towards each other, or long separation between the two are relevant factors which a Court must take into consideration,” the court added.

It observed that cruelty may be mental or physical, intentional or unintentional. Whether a certain conduct amounts to cruelty depends on the parties’ economic and social conditions, culture and human values. “Each case has to be decided on its own merits,” the bench said.

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The court noted that matrimonial disputes involve human relationships and emotions. The nature of the relationship, the parties’ general behaviour towards each other and prolonged separation are relevant factors. “Human mind is extremely complex and human behaviour is equally complicated,” it observed. “What is cruelty in one case may not amount to cruelty in other case.”

Son denies catching mother with another man

The husband claimed that on being caught having an affair, his wife tried to kill herself but was prevented by their son. Denying the allegations, the wife said the petition was filed to get rid of her.

The husband alleged that he sent money to his wife while working abroad, including Rs 25,000 per month during his stint in Dubai and Rs 30,000 per month while working in Iraq. He accused her of failing to account for the money.

He claimed that she left him on May 23, 2010, with cash and gold ornaments. He also alleged that on August 21, 2010, she and her relatives entered his house and assaulted him, their eldest son and a distant relative.

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The eldest son, who testified for his mother, denied catching her with another man. He also denied that she had tried to kill herself. He told the court that his father had filed the petition on false grounds to separate from his mother.

Allegations unproven: Court

The high court noted that the husband had not examined his eldest son or another witness to substantiate the alleged affair or subsequent actions. Instead, the son appeared for the wife and denied the allegations. The bench held that the husband had failed to prove his wife’s alleged relationship with another man.

On the claim that the wife had failed to account for the money he sent from abroad, the bench observed that the husband had produced a bank passbook but had not led sufficient evidence to back this allegation. His claim that she had left with gold articles also remained unproven as he did not examine witnesses.

The bench pointed out that the husband had filed the divorce petition only on the ground of cruelty. Although he alleged adultery and desertion, he had not sought divorce on either ground. He had also not made his wife’s alleged partner a party to the proceedings.

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The court said the husband had to plead and prove cruelty through reliable and clear evidence, but failed to do so. It noted that the family court’s order was reasoned and well-founded. The Telangana High Court thus dismissed the appeal, with no order as to costs.