Prayagraj: The Allahabad High Court in Uttar Pradesh has given an important verdict while hearing a divorce case. While approving the divorce, the court has remarked that it is mental cruelty to stop the life partner from having a relationship after marriage. Not only this, in the light of a Supreme Court precedent, the High Court accepted that this mental cruelty is a strong ground for divorce between husband and wife. With this, the High Court has dissolved the marriage.
This decision has been given by the double bench of Justice Sunit Kumar and Justice Rajendra Kumar (IV). This case was filed in the High Court by the aggrieved husband Ravindra Pratap against the decision of the Family Court. The divorce petition was dismissed by the Family Court under Section 13 of the Hindu Marriage Act, 1955. But while hearing the case on merit, the court has given a decision in favor of the victim’s husband. In this case, the victim Ravindra Pratap told the court that he was married in May 1970.
Shortly after the marriage, his wife took an antagonistic attitude and left her in-laws house and went to her maternal home. The victim’s husband told that after six months he went to his in-laws house to persuade his wife and requested her to return to her in-laws house to discharge the responsibilities of married life. But his wife flatly refused. However, in July 1994, a panchayati settlement was reached and according to community customs, divorce was done on alimony of Rs 22,000.
The victim told that after this, he filed for divorce in the court on the basis of not having sexual relations for a long time, as well as the cruel mentality of the wife and got married again. The victim told that after several dates, his wife did not appear in the court. In such a situation, the family court rejected his petition, terming it as a one-sided case. Being helpless, the victim approached the Allahabad High Court. While examining the technical matters, the High Court not only accepted the petition, declaring the victim entitled to divorce, but also gave a decision in favor of the victim after a quick hearing.