HC Refuses Divorce, Calls Cruelty Claims Ordinary Marital Discord
First Appeal No. 279 of 2019
Barooj Abid
The Jharkhand High Court dismissed a husband’s appeal seeking divorce on grounds of cruelty and desertion, holding that the allegations did not meet the legal threshold required under matrimonial law. The case arose from a long-standing marital dispute between Shashi Prakash Mishra and his wife, Nisha Mishra, married in 1995. The husband alleged that his wife had misrepresented her background, refused marital obligations, behaved abusively, and maintained questionable relationships, further claiming that she neglected him after a disabling accident. The wife, however, denied all accusations and countered that she had been subjected to dowry harassment and ill-treatment by her husband and in-laws, forcing her to live separately.
After examining the evidence and testimonies, the Court observed that the allegations of cruelty were largely unsubstantiated and amounted to normal wear and tear of marital life rather than legally actionable cruelty. It further noted that reckless accusations of infidelity without proof could not be accepted and, in fact, reflected adversely on the husband’s claims. On the issue of desertion, the Court held that there was no evidence of wilful abandonment by the wife and pointed out that the husband himself had left the matrimonial home. Upholding the Family Court’s earlier decision, the High Court concluded that no valid grounds for divorce were established and dismissed the appeal, reaffirming that mere marital discord cannot justify dissolution of marriage under law
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