Resisting Divorce Despite Knowing Marriage Was Broken Is Cruelty: Madhya Pradesh High Court

The Madhya Pradesh High Court has dissolved a twenty-seven year old marriage and has observed that when there was complete breakdown of marriage and impossibility of resumption of married life between the parties, then the Court cannot close its eyes to said fact and enhance the pain of the parties by not granting them divorce.

The Husband and wife were living separately for the past 22 years and the husband filed an appeal seeking divorce on grounds of cruelty.

The Bench of Justice Vishal Dhagat and Justice Ramkumar Choubey observed, “When there is complete breakdown of marriage and there is impossibility of resumption of married life between the parties then Court cannot close its eyes to said fact and enhance the pain of parties in not granting them divorce...Husband or wife often adopts to sadistic approach towards their partner and gets enjoyment and happiness from pain and sufferings of others side. They intentionally resist granting of divorce to other party to harass them and not allowing them to settle in life though they vividly know that marriage between them has been broken and marital ties cannot be resumed.”

Advocate Avinash Zargar appeared for the Appellant.

Case Brief

The Appellant was a husband seeking divorce on the grounds that his wife’s family suppressed the fact of mental illness of the wife. The marriage between the parties was solemnised in 1998.

It was contended by the husband that the wife was treated at Delhi, Lalitpur, Ghaziabad and doctors diagnosed her to be suffering from psychiatric problems. Thus, her presence in the house was a threat to the mother and children.

However, the Trial Court refused to grant divorce on the grounds of cruelty. The Trial Court had observed that the husband and his family were cruel and used to harass the wife for dowry. The Wife was also manhandled by the mother of the husband and she banged her head against the wall which resulted in uneasiness, numbness and depression to the wife.

Court’s Observation

The Court noted that the husband and wife had been living separately since 2003 and there was no possibility of resumption of married life between the husband and wife.

“There is break down of marriage between appellant and respondent beyond repair. Appellant and respondent are living separately since last 22 years. Respondent has also lost interest to prosecute the appeal and she is not appearing before the Court. Breakdown of marriage is complete between the parties and now it is only a legal formality to pass a decree of divorce dissolving the marriage”, the Court said.

The High Court also noted that the irretrievable breakdown of marriage is not a ground available to the High Court for granting decree of divorce. However, it was also of the opinion that the Civil Court or the High Court can pass orders in the interest of public for simple reason that no legislation is capable of contemplating all possible circumstances that may arise in future litigation and consequently provide a procedure for them.

The Court noted that often, husband and wife adopt to sadistic approach towards their partner and get enjoyment and happiness from the pain and suffering of the other side. 

"They intentionally resist granting of divorce to other party to harass them and not allowing them to settle in life though they vividly know that marriage between them has been broken and marital ties cannot be resumed. Aforesaid conduct of parties also amounts to cruelty under Section 13(1)(a) of the Hindu Marriage Act, 1955. If divorce is granted Court is not departing from substantive law but only acting within four corners of law to subserve interest of justice", the Court added. 

Further, the Court held that there was a long separation between the parties, i.e. for 22 years, and no purpose would be served by overlooking the said fact and sticking to the fact that the parties have failed to establish their case on the basis of fault theory.

Accordingly, the Court allowed the Appeal of the husband and granted divorce.

Cause Title: ABC V. XYZ (Neutral Citation: 2025:MPHC-JBP:42355)

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