In a family law dispute with high personal stakes, the Chhattisgarh High Court affirmed a divorce decree granted by the Family Court, Kawardha, in favor of a husband, while simultaneously ordering permanent alimony of Rs. 5 lakh to the wife. The ruling resolves a bitter conflict over alleged cruelty, dowry, and marital incapacity, highlighting the Court’s balancing of legal principles and equitable relief.
The case arose from a marriage solemnized on June 5, 2015, in Khairagarh, Chhattisgarh. The husband filed for divorce under Section 13(1)(a) of the Hindu Marriage Act, alleging that the wife had concealed a long-standing menstrual irregularity and subjected him and his family to mental cruelty. He claimed to have borne all expenses and argued that her alleged infertility justified the dissolution.
The wife contested the allegations, stating that she had been caring for the family, the alleged fertility issue was temporary, and the divorce petition was based on false and fabricated grounds. Both parties presented extensive medical documents, witness testimony, and financial records, with the dispute intensifying over dowry claims and accusations of cruelty.
After meticulously reviewing the evidence, the High Court upheld the Family Court’s findings that the husband’s petition was substantiated. The Court noted that “issues of cruelty and incapacity were properly considered, and the evidence supports the decree of divorce.” Observing the wife’s financial position and equitable considerations, the Court directed the husband to pay a one-time permanent alimony of Rs. 5 lakh, covering all present and future claims.
Consequently, the appeal by the wife challenging the divorce was dismissed, and the decree was confirmed.
Picture Source :
