Divorce can be sought if cruelty is proved: Allahabad HC

Prayagraj (UP), Dec 28: The Allahabad High Court rejected the plea of the husband, who had challenged dissolution of his marriage by a family court at the instance of his estranged wife, on the ground that once cruelty was found to have been committed, the cause of action to seek divorce arises.

Besides, the court added that in cases of cruelty, court should look into other attending circumstances before passing an order to restore marital relationship.

While dismissing a first appeal filed by one Hemsingh a.k.a Tinchu, a division bench comprising Justice Saumitra Dayal Singh and Justice Shiv Shanker Prasad observed, “Once cruelty is found to have been committed, the cause of action to seek divorce does arise. How parties may conduct themselves thereafter, may remain a relevant factor. Yet, no rule of law may arise as may dictate to the court to pass an order to restore the matrimonial relationship between the parties, without looking into the other attending circumstances.”

The appellant husband Hemsingh had approached the HC against the order of principal judge, family court, Etawah, who had dissolved his marriage at the instance of his wife.

The court observed that respondent wife had sought dissolution of marriage on grounds of cruelty.

The court in its judgment held that act of cruelty was established and dismissed first appeal filed by husband.