Alcohol Consumption By Wife Not Cruelty Unless Accompanied By Uncivilized Behavior: Allahabad HC
The parties were married in 2015, after which the wife allegedly displayed drastic behavioral changes. Among other issues, she reportedly insisted the husband leave his parents and move to Kolkata.
The Allahabad High Court has observed that mere consumption of alcohol by a wife does not constitute cruelty unless it is followed by unwarranted and uncivilized behavior.
The Division bench of Justice Vivek Chaudhary and Justice Om Prakash Shukla granted a decree of divorce to a husband on grounds of desertion under Section 13 of the Hindu Marriage Act, setting aside a Family Court order that had previously rejected the petition.
Advocate Ashok Sinha appeared for the Appellant.
Key Observations by the Court
The Bench remarked, “Consuming alcohol by itself does not amount to cruelty if it is not followed by unwarranted and uncivilized behavior. Though consuming alcohol in middle-class society is still a taboo and not part of the culture, there is no evidence on record to show how consuming alcohol caused cruelty to the husband.”
Case Background
The parties were married in 2015, after which the wife allegedly displayed drastic behavioral changes. Among other issues, she reportedly insisted the husband leave his parents and move to Kolkata. When the husband refused, the wife moved to Kolkata with their minor son and did not return despite repeated requests.
The husband filed a Divorce Petition in Lucknow on grounds of cruelty and desertion. The Family Court, proceeding ex parte, rejected the Petition, ruling that cruelty was unproved and that desertion did not meet the statutory requirement of two years of separate residence. The husband subsequently appealed the decision before the High Court.
Court’s Findings
The Court also proceeded ex-parte as the wife failed to respond to repeated notices. While addressing the allegations of cruelty, the Court held that the burden of proof lies with the plaintiff and noted that no specific incidents of cruelty were pleaded. It added that allegations of alcohol consumption, including during pregnancy, were unsubstantiated and insufficient to establish cruelty, as no harm or medical conditions in the child were proven.
On the issue of desertion, however, the Court found merit in the appellant's claim. It observed that the wife had wilfully neglected her marital obligations and refused to engage with the judicial process despite repeated summons and notices.
The Court held that her conduct constituted desertion as defined under the Hindu Marriage Act and deemed the marriage beyond repair. "We find that the long period of continuous separation establishes that the matrimonial bond is beyond repair. The marriage between the parties has become a fiction, though supported by a legal tie. Therefore, we are of the considered opinion that the Respondent/wife has deserted the Appellant/husband without any reasonable cause and he has been willfully neglected and as such a case for grant of divorce on this ground is made out in the peculiar undisputed facts and circumstances of the present case," the Court said.
Final Order
The Court set aside the Family Court’s order and granted the husband a divorce decree on grounds of desertion. "For the reasons aforesaid, the judgment, order, and decree dated 12.02.2021 passed by learned Additional Principal Judge-10, Family Court, Lucknow, in Matrimonial Suit No. 1204 of 2020 (CNR No. UPLKO 200 2192 2020, J.O. Code UP06494); Versus Smt. is set aside. The appeal is allowed. We, accordingly, while allowing this Appeal, dissolve the marriage and grant a decree of divorce in favour of the appellant-husband and against Smt., the respondent-wife herein, and the suit is decreed in the above terms. There shall be no order as to cost," the Court ordered.
Cause Title: ABC v. XYZ [Neutral Citation No. 2025:AHC-LKO:1303-DB]
Appearance:-
Appellant: Advocates Ashok Sinha, Sumit Pandey
Click here to read/download the Order
