The court noted that the couple, residents of Durg, have been living separately since 2014 and that their marriage has “irretrievably broken down,” leaving no scope for reconciliation. The couple married on 4 March 2009 in Bhilai and have a son.
According to the husband’s appeal, the wife repeatedly made baseless allegations, aborted pregnancies without his knowledge, and allegedly behaved violently toward their child. The bench held that such conduct constituted mental and physical cruelty under established legal standards.
The wife, however, had earlier approached the Durg Family Court claiming she was harassed over small issues, sent back to her parental home soon after the honeymoon, and denied medical care during pregnancy—leading to two miscarriages. She also alleged that she received no financial support for childbirth and was forced out of her matrimonial home with police assistance in 2014. She filed a petition seeking restitution of conjugal rights on 9 September 2014, which the Family Court accepted in December 2022.
In contrast, the High Court examined witness statements, medical records and referred to the Supreme Court ruling in Samar Ghosh vs. Jaya Ghosh to conclude that prolonged separation of more than 10 years, failed mediation attempts, and the wife’s refusal to attend significant family events such as her father-in-law’s surgery or funeralsindicated a total collapse of the marital relationship.
The court held the wife’s conduct toward the child and the family amounted to sustained cruelty. Setting aside the earlier order, the bench granted the husband’s appeal but directed him to provide a lump-sum settlement to ensure the wife’s financial security.
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