Husband will give 10 thousand per month to wife, High Court’s decision

Bilaspur. The Chhattisgarh High Court has set aside a decree of divorce granted under Section 13(1)(1-A) of the Hindu Marriage Act, 1955 by the Additional Principal Judge, Family Court, Raipur, relying on the Supreme Court judgment. The Court said that no decree of divorce can be granted unless the person seeking divorce proves cruelty on the basis of pleadings and evidence. The couple got married on 5 June 2015. After this he faced marital problems. The husband claimed that the wife used to behave cruelly with him and insisted on living separately from her parents. The wife did not come even on the day of marriage anniversary. The wife denied the allegations and said that the husband’s family had demanded dowry from her and abused her.

The case was heard in the Division Bench of Justice Gautam Bhaduri and Justice Sanjay Kumar Jaiswal. In its judgement, the bench wrote that the husband had failed to prove the allegations of cruelty against his wife. No concrete explanation was given on some incidents. The fact that a criminal case relating to dowry is pending against the husband casts doubt on his plea.

The court found contradictions in the husband’s statements regarding the wife’s desire to live with her in-laws and the husband’s father’s residence in Dhamtari. Further, the judges highlighted that the wife’s refusal to live under certain circumstances cannot amount to cruelty. The husband’s abuse also played a role in the situation. The High Court concluded that the Family Court’s award of divorce was not sustainable and set it aside. Instead, the court ordered the husband to pay Rs 10,000 per month to the wife as maintenance. This determination was made by looking at his monthly salary and current financial condition.