Taunts not enough for divorce: CG HC

Bilaspur | Correspondent: The Chhattisgarh High Court has cancelled a Family Court order that had granted divorce to a husband. The High Court said the reasons given by the husband were not enough to prove mental cruelty. It observed that the wife had been trying to save the marriage, while the husband had not made enough efforts to continue living with her. The case was heard by a division bench of Justice Parth Pratim Sahu and Justice Sachin Singh Rajput.

The couple got married, with the husband belonging to Bilaspur and the wife to Durg. Later, differences arose between them, following which the husband approached the Family Court seeking divorce. He claimed that his wife often mocked him for his dark complexion and for working in a private company. Accepting these allegations as mental cruelty, the Family Court granted him a divorce.

The wife challenged this order before the High Court. She argued that she had never refused to live with her husband. She explained that she was employed in a government job and had to stay at her place of posting. She also alleged that she was harassed by her husband and his family over dowry demands. According to her, she had made several attempts to restore the relationship, and even community members had tried to help the couple reunite.

After hearing both sides, the High Court found that the husband's allegations did not amount to mental cruelty. The Court noted that the couple knew each other before getting married. Therefore, it was difficult to accept that the wife suddenly developed a problem with his complexion or his private-sector job after marriage.

The Court further said that normal arguments, small disputes and differences between spouses are common in married life and cannot automatically be treated as mental cruelty. A divorce can be granted only when there is clear evidence showing that it has become impossible for the couple to continue living together. While reaching its decision, the High Court also relied on the Supreme Court's judgment in the case of Samar Ghosh v. Jaya Ghosh.

The High Court concluded that the wife had consistently tried to keep the marriage alive, while the husband had not made sufficient efforts to live with her. It therefore set aside the Family Court's divorce decree.