Raj HC dissolves 34-year marriage, cites 17-year separation as ‘cruelty'
The division bench of Justices Inderjeet Singh and Anand Sharma was on Thursday hearing an appeal filed by Ratiram Shukla from Alwar district. Shukla had married Kishandevi in Feb 1991 as per Hindu rites. In his divorce petition filed in 2010, he alleged that from the very beginning, his wife had behaved cruelly, refused to live with his parents, and repeatedly denied cohabitation. According to him, she finally left the matrimonial home in 2008 and never returned.
The trial court dismissed Shukla's petition in 2017, but HC noted that the couple had had been living apart since 2008 and there was no evidence to contradict the claim that Kishandevi had deserted her husband. The judges also considered that Kishandevi filed criminal cases against Shukla under IPC Sections 498A and 406, which ended in his acquittal in 2016. "Lodging of a false criminal case against the husband amounts to cruelty," HC observed.
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HC referred to several Supreme Court precedents on mental cruelty, particularly noting that continuous separation over a long period is itself proof of irretrievable breakdown of marriage. The bench quoted an SC judgment, which held that where a couple has not lived together for decades and there is no possibility of reunion, continuing the marriage is tantamount to inflicting cruelty.
While setting aside the trial court order, HC concluded that Shukla had successfully proved desertion and cruelty, and allowed his appeal, decreeing the dissolution of the marriage.
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