HC rejects hubby’s torture claim, overturns divorce
Times of India | 28 October 2024
Kolkata: The Calcutta High Court overturned a divorce granted by a trial court on grounds of cruelty, in which the husband alleged that he was beaten by the wife with a broom. The wife proved in the high court that contrary to the claim, they were living a “cordial” married life.
On grounds of cruelty and desertion, the husband filed for a divorce plea. The conclusion of the trial court that cruelty was made out was based on the case filed by the wife under Section 406 of Indian Penal Code (IPC), which culminated in acquittal prior to the decision in the matrimonial case. However, the high court stated that this cannot be considered in isolation to arrive at the finding of cruelty.
The wife, in the high court, submitted that she had been driven out of the matrimonial house and, since she had no income, she initiated a case for maintenance against the husband as well as criminal proceedings under Section 406 to recover her “stree dhan”.
Considering the consistent stand of the wife that she wanted to continue her conjugal relationship with the husband, the bench set aside the divorce.
Moreover, the division bench of Justice Harish Tandon and Justice Madhuresh Prasad noted that no specific date, time, and manner of subjugation to torture by the wife was mentioned by the husband in the petition filed for divorce.
Apart from that, the high court pointed out that 11 photographs showing the couple touring places like Shillong, Kamakhya, and Kaziranga suggested that there was a “cordial” relationship between the husband and wife.
“Such photographs cannot lead to a conclusion that the petitioner (husband) was being subjected to cruelty. Rather than considering whether the photographs would support the plea of divorce, the court (trial) proceeded to conclude on the basis of these photographs that the respondent wife happily toured the petitioner husband and that her desire of touring with the husband was fulfilled,” the judgement delivered on Oct 7 specified.
The couple got married on April 19, 2006. The husband alleged that two days after marriage, the wife threatened to file a complaint under Section 498A of IPC with the help of her advocate boyfriend. Meanwhile, the wife alleged that the husband was having a relationship with a woman, who was later claimed to be his distant cousin.
The high court, in the judgment, highlighted that the trial court, while considering the divorce plea, recorded that Rs 1 lakh was received not by way of dowry but as a loan for house construction to provide suitable accommodation to the wife.
“By resorting to a hypothesis, the court (trial court) concluded that since the petitioner (husband) was an educated person in a govt job having average intelligence, he would never dare to accept dowry by an account payee cheque,” the judgment stated.